BEMCY, LLP v. Gilead Scis.

Full title: BEMCY, LLP, Plaintiff, v. GILEAD SCIENCES, INC., Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Jan 26, 2022

Civil Action 21-3734 (E.D. Pa. Jan. 26, 2022)

Opinion

Civil Action 21-3734

01-26-2022

BEMCY, LLP, Plaintiff, v. GILEAD SCIENCES, INC., Defendant.

WENDY BEETLESTONE, J.

ORDER

WENDY BEETLESTONE, J.

AND NOW, this 26th day of January, 2022, upon consideration of Defendant Gilead Sciences, Inc.'s Motion to Dismiss (ECF Nos. 11, 14) and Plaintiff BEMCY LLP's Response in Opposition thereto (ECF No. 12), IT IS HEREBY ORDERED:

1. Defendant's Motion to Dismiss Plaintiff's breach of contract claim is DENIED.

2. Defendant's Motion to Dismiss Plaintiff's fraud claim is GRANTED. Plaintiff's fraud claim regarding Defendant's statements at the signing of the contract is DISMISSED WITHOUT PREJUDICE. Any claim that relies on Defendant's statements after the execution of the agreement is DISMISSED WITH PREJUDICE.