Miller v. Alza Corporation et al, No. 3:2008cv00402 - Document 52 (S.D. Ohio 2010)

Court Description: ORDER granting in part and denying in part 19 Motion for Summary Judgment. Defendants's Motion for Summary Judgment is GRANTED with regard to the following claims, which are dismissed: Plaintiff's Failure to Warn/Inadequate Warning Claim asserted; Plaintiff's claims of negligence and negligent misrepresentation; Plainitff's breach of warranty claims; Plaintiff's claims asserting fraud upon the FDA; and Plaintiff's request for punitive damages. Defendants' Motion for Summary Judgment is DENIED in all other respects. Signed by Judge Timothy S. Black on 12/17/10. (lk1)