Calif. Federal Judge Dismisses Sulindac Action; Allows Pro Se Plaintiff to Amend Pleadings
July 9, 2013
DOCUMENTS
- Order
SAN JOSE — A suit against Mutual Pharmaceutical Company Inc. alleging injuries from sulindac was dismissed without prejudice by a California federal judge, who found the strict liability and negligence claims sound in failure to warn and are therefore federally preempted.
On July 1, Judge Ronald M. Whyte of the U.S. District Court for the Northern District of California further held that the warranty claims were inadequately pleaded. However, the judge granted the pro se plaintiff the opportunity to file an amended complaint.
Josie Ko, proceeding pro se, filed a form complaint against Mutual in the Santa Clara County (Calif.) …
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