MENKES et al v. 3M COMPANY et al

Filing 47

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFENDANTS' MOTIONS ARE DENIED AS TO PLAINTIFFS' NEGLIGENCE CLAIM IN COUNT ONE. DEFENDANTS' MOTIONS ARE GRANTED IN PART AN D DENIED IN PART AS TO COUNTS TWO AND THREE: AS TO PLAINTIFFS' DEFECTIVE PRODUCT FAILURE TO WARN AND DESGIN DEFECT CLAIMS IN COUNTS TWO AND THREE, DEFENDANTS' MOTIONS ARE DENIED. TO THE EXTENT PLAINTIFFS ASSERT THESE CLAIMS IN STRICT LIABIL ITY, DEFENDANTS' MOTIONS ARE GRANTED; AND PLAINTIFFS' REQUEST FOR MEDICAL MONITORING AND PROPERTY-RELATED DAMAGES ARE DISMISSED, WITH LEAVE TO AMEND. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/21/18. 5/21/18 ENTERED AND COPIES MAILED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LARRY MENKES, et al.,
Plaintiffs,
v.
3M COMPANY, et al.,
Defendants.

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CIVIL ACTION
NO. 17-0573

ORDER
AND NOW, this __21st_____ day of May, 2018, upon consideration of Defendants Tyco
Fire Products LP’s and Chemguard Inc.’s Motion to Dismiss Complaint (Doc. 11), Motion on
Behalf of Defendant Buckeye Fire Protection Company to Dismiss the Plaintiffs’ Complaint
Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 12), Defendant 3M Company’s
Motion to Dismiss Plaintiffs’ Complaint (Doc. 13), Plaintiffs’ Memorandum of Law in
Opposition to Defendants’ Motion to Dismiss the Complaint (Doc. 30), Defendants Tyco Fire
Products LP’s and Chemguard Inc.’s Reply (Doc. 34), and Defendant 3M Company’s Reply
(Doc. 36), IT IS HEREBY ORDERED AND DECREED that Defendants’ Motions are
GRANTED IN PART AND DENIED IN PART 1 as follows:
1. Defendants’ Motions are DENIED as to Plaintiffs’ negligence claim in Count One;
2. Defendants’ Motions are GRANTED IN PART AND DENIED IN PART as to
Counts Two and Three:
A. As to Plaintiffs’ defective product failure to warn and design defect claims in
Counts Two and Three, Defendants’ Motions are DENIED;

1

This Order accompanies the Court’s Memorandum dated May 21, 2018.

B. To the extent Plaintiffs assert these claims in strict liability, Defendants’
Motions are GRANTED; and
3. Plaintiffs’ request for medical monitoring and property-related damages are
DISMISSED, with leave to amend.

BY THE COURT:

/s/ Petrese B. Tucker
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Hon. Petrese B. Tucker, U.S.D.J.