Filed: Jun. 26, 2018
Latest Update: Jun. 26, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 26 th day of June 2018, upon considering Republic Tobacco, Inc.'s Motion to dismiss (ECF Doc. No. 61), Plaintiffs Opposition (ECF Doc. No. 74) and for reasons in the accompanying Memorandum, it is ORDERED Republic Tobacco, Inc.'s Motion (ECF Doc. No. 61) is GRANTED in part and DENIED in part: 1. Plaintiffs claims against Republic Tobacco, Inc. are dismissed without prejudice except Plaintiffs negligence and strict liability
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 26 th day of June 2018, upon considering Republic Tobacco, Inc.'s Motion to dismiss (ECF Doc. No. 61), Plaintiffs Opposition (ECF Doc. No. 74) and for reasons in the accompanying Memorandum, it is ORDERED Republic Tobacco, Inc.'s Motion (ECF Doc. No. 61) is GRANTED in part and DENIED in part: 1. Plaintiffs claims against Republic Tobacco, Inc. are dismissed without prejudice except Plaintiffs negligence and strict liability t..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 26th day of June 2018, upon considering Republic Tobacco, Inc.'s Motion to dismiss (ECF Doc. No. 61), Plaintiffs Opposition (ECF Doc. No. 74) and for reasons in the accompanying Memorandum, it is ORDERED Republic Tobacco, Inc.'s Motion (ECF Doc. No. 61) is GRANTED in part and DENIED in part:
1. Plaintiffs claims against Republic Tobacco, Inc. are dismissed without prejudice except Plaintiffs negligence and strict liability theories against Republic Tobacco, Inc. for:
a. "failure to warn" of the alleged conduct;
b. "design defect" for allegedly (1) altering the amount of nicotine to encourage continued addiction; (2) failing to contain product information data sheets; (3) failing to list accurately and legibly the ingredients contained within its tobacco products and the smoke including known carcinogens; and, (4) lacking stop smoking markings; and,
2. Republic Tobacco, Inc. shall answer the allegations relating to these theories no later than July 5, 2018.
