Herlth v. Merck & Co.

1 Citing case

  1. D'addario v. Johnson & Johnson

    Civil Action 19-15627 (ZNQ) (TJB) (D.N.J. Jan. 18, 2023)   Cited 1 times
    Noting that the plaintiffs pled a failure to remove debris from Stiltex implants in violation of 21 C.F.R. § 820.70(h) in pleading a plausible manufacturing defect claim

    Moreover, Plaintiffs' negligent misrepresentation claims are indeed couched in fraud-like terms such that a heightened pleading standard applies.Herlth v. Merck & Co., Inc., Civ. No. 21-438, 2022 WL 788669, at *10 (D. Conn. Mar. 15, 2022). To satisfy the Rule 9(b) pleading standard a complaint must “(1) specify the statements that the plaintiff contends were fraudulent, (2) identify the speaker, (3) state where and when the statements were made, and (4) explain why the statements were fraudulent.” Mills v. Polar Molecular Corp., 12 F.3d 1170, 1175 (2d Cir. 1993). See Rombach v. Chang, 355 F.3d 164, 170 (2d Cir. 2004) (recognizing that “[t]he particularity requirement of Rule 9(b) serves to provide a defendant with fair notice of a plaintiff's claim . . . .”).