Brown v. Wyeth Inc et al

Filing 28

ORDER granting 27 Motion to Dismiss; and judgment shall be entered in favor of defendant Actavis Elizabeth, LLC and against plaintiff Valerine Brown with each party to bear her/its own costs. Signed by Judge Stanwood R. Duval, Jr on 8/10/2011. (blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
VALERINE BROWN

CIVIL ACTION

VERSUS

NO. 10-11

ACTAVIS ELIZABETH, LLC

SECTION “K”(2)

ORDER
A Motion to Dismiss (Doc. 27) was filed by Activis Elizabeth, LLC (“Activis”) and set
for submission on August 10, 2011. Activis moved to dismiss the instant suit based on the
controlling decision issued by the Supreme Court of the United States in Pliva, Inc. v. Mensing,
____ U.S. _____, 131 S. Ct. 2561 (2011). Valerine Brown’s claims are based on generic
manufacturer’s alleged failure to warn in metoclopromide litigation. In Pliva, the Supreme
Court found a claim based on state law is preempted by federal law, thus this suit is meritless
and must be dismissed. In addition, plaintiff has filed no opposition to the motion. Accordingly,
IT IS ORDERED that the Motion to Dismiss (Doc. 27) filed by Activis Elizabeth, LLC
is GRANTED and judgment shall be entered in favor of defendant Actavis Elizabeth, LLC and
against plaintiff Valerine Brown with each party to bear her/its own costs.
New Orleans, Louisiana, this 10th day of August, 2011.

STANWOOD R. DUVAL, JR.
UNITED STATES DISTRICT COURT JUDGE