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Lynn Woodcock, et al. v. Mylan, Inc., et al.

Case Number: 
2:09-cv-00507

Memorandum Opinion and Order

Pending before the court is the defendants’ Motion to Dismiss [Docket 15]. The Motion presents two sets of issues. First, the Motion raises a choice-of-law issue. The defendants contend that Alabama law governs all of the plaintiff’s claims. The plaintiff disagrees and argues that West Virginia law applies to her marketing defect claim. Second, regardless of which state’s substantive law applies, the Motion challenges the sufficiency of the Complaint. As explained below, Alabama law governs the substantive issues in this case, except for the manufacturing defect claim. Furthermore, the plaintiff has sufficiently pleaded her causes of action. The defendants’ Motion is therefore DENIED.

Date: 
Wednesday, October 14, 2009