Supplement Maker's Motion to Dismiss Denied in Part and Granted in Part

COLUMBUS, Ohio - A supplement manufacturer's motion to dismiss and alternatively strike class allegations in a products liability suit filed by a woman who seeks to recover damages in an individual capacity and on behalf of a proposed class was granted in part and denied in part. Christine Delahunt, et al., v. Cytodyne Technologies, et al., No. 02-CV-314 (S. D. Ohio, Eastern Division).

U.S. District Judge Algenon L. Marbley's Jan. 17 order dismissed the common law fraud claims brought on behalf of the proposed class as well as the plaintiff's negligent misrepresentation, breach of express warranty and inadequate post-marketing warning …