Opinion
MDL NO. 1407.
July 14, 2004
On May 28, 2004 defendant Bristol-Myers Squibb Co. again moved on behalf of all defendants to dismiss certain claims, which defendants argue are not recognized under Louisiana law, from those cases listed in Exhibit A attached hereto.
Regarding those portions of the motion that relate to the exclusivity of the Louisiana Products Liability Act, the court finds that the issues raised, and the arguments presented, are materially similar and in some cases identical to those addressed in the court's June 10, 2004 Order Granting in Part and Denying in Part Defendants' Motion to Dismiss Non-Louisiana Products Liability Act Claims, Punitive Damages Claims, and Medical Monitoring Claims ("June 10, 2004 Order"). For the reasons articulated in that order, the court grants defendant's motion as it relates to plaintiffs' products liability claims, dismissing the common law theories of liability enumerated in Exhibit A as abrogated by the Louisiana Products Liability Act, including: strict liability, strict products liability, negligence, misrepresentation, fraudulent misrepresentation, conspiracy, concealment and breach of implied warranty. See June 10, 2004 Order at 2-4. For the reasons articulated in the same order, the court also grants defendants' motion as it relates to plaintiffs' claims for medical monitoring. See June 10, 2004 Order at 7-9.
In addition, for reasons also articulated in the June 10, 2004 Order, the court denies defendants' motion as it relates to plaintiffs' punitive damages claims, leaving that highly case-specific issue for determination, if at all, by the respective transferor courts. See June 10, 2004 Order at 5-7.
In sum, defendants' motion as it relates to the exclusivity of the LPLA is GRANTED, and all claims precluded by that statute are DISMISSED. Defendants' motion as to medical monitoring claims is GRANTED. Defendants' motion as to plaintiffs' claims for punitive damages, however, is DENIED.
This ruling does not in any way affect any claims against Delaco, Chattem, Sidmak, or Thompson, against whom proceedings are stayed.