Summary
The United States Magistrate Judge recommends granting Abbott Laboratories’ second motion to dismiss Roland Adams’s amended products-liability complaint under Rule 12(b)(6). The recommendations conclude that the amended complaint fails to state claims for design-defect strict liability, negligence based on manufacturing defect, and breach of implied warranty of fitness for a particular purpose. The court recommends dismissal with thirty days’ leave to amend and permits objections within fourteen days of service.
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