POLT et al v. SANDOZ, INC.

Filing 156

ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE LEARNED INTERMEDIARY DOCTRINE 138 IS DENIED; PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ADEQUATE WARNING 139 IS DENIED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 141 IS GRANTED; AND, THE PARTIES' MOTION IN LIMINE SEEKING TO EXCLUDE TESTIMONY 133 134 135 136 AND 140 ARE DENIED AS MOOT. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 05/26/2020. 05/26/2020 ENTERED AND COPIES E-MAILED.(nds)

Case 2:16-cv-02362-ER Document 156 Filed 05/26/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Caroline Polt and Monica Polt,
individually and as coexecutors of the estate of
Joanne Polt, deceased,
v.

Plaintiffs,

Sandoz, Inc.,
Defendant.

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CIVIL ACTION
NO. 16-2362

ORDER
AND NOW, this 26th day of May, 2020, after considering
Plaintiffs’ Motion for Partial Summary Judgment as to the
Learned Intermediary Doctrine (ECF No. 138), Plaintiffs’ Motion
for Partial Summary Judgment as to Adequate Warning (ECF No.
139), Defendant’s Motion for Summary Judgment (ECF No. 141),
Defendant’s Response to Plaintiffs’ Motions for Partial Summary
Judgment (ECF No. 148), and Plaintiffs’ Response to Defendant’s
Motion for Summary Judgment (ECF No. 150), and for the reasons
stated in the accompanying memorandum, it is hereby ORDERED
that:
1. Plaintiffs’ Motion for Partial Summary Judgment as
to the Learned Intermediary Doctrine (ECF No. 138)
is DENIED;
2. Plaintiffs’ Motion for Partial Summary Judgment as
to Adequate Warning (ECF No. 139) is DENIED;

Case 2:16-cv-02362-ER Document 156 Filed 05/26/20 Page 2 of 2

3. Defendant’s Motion for Summary Judgment (ECF No.
141) is GRANTED; and
4. The Parties’ Motions in Limine seeking to exclude
testimony (ECF Nos. 133, 134, 135, 136, & 140) are
DENIED as moot.

AND IT IS SO ORDERED.

_/s/ Eduardo C. Robreno______
EDUARDO C. ROBRENO, J.

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