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Addelson v. Sanofi S.A.

United States District Court for the Eastern District of Missouri, Eastern Division

October 25, 2016, Decided; October 25, 2016, Filed

No. 4:16CV01277 ERW

Opinion

MEMORANDUM AND ORDER

This matter comes before the Court on Defendants Sanofi-Aventis U.S. LLC and Sanofi U.S. Services Inc.'s Motion to Dismiss the New Jersey Plaintiff's Claims for Lack of Personal Jurisdiction and Improper Venue [ECF No. 7], Defendants Sanofi-Aventis U.S. LLC and Sanofi U.S. Services Inc.'s Motion to Sever [ECF No. 9], Defendants Sanofi-Aventis U.S. LLC and Sanofi U.S. Services Inc.'s Motion to Stay [ECF No. 11], and Plaintiffs' Motion to Remand [ECF No. 19].

I. BACKGROUND

Plaintiffs Barbara Addelson and Dorethea Braxton ("Plaintiffs") filed a petition in the Circuit Court of the City of St. Louis, Missouri, alleging Defendants Sanofi S.A., Aventis Pharma S.A., Sanofi-Aventis U.S. Services Inc., and Sanofi-Aventis U.S. LLC manufactured, marketed, and [*2]  sold a defective and unreasonably dangerous pharmaceutical drug, Taxotere, causing permanent alopecia.1 ECF No. 5. Plaintiffs assert nine counts against Defendants: (1) Strict Liability; (2) Manufacturing Defect; (3) Design Defect; (4) Failure to Warn; (5) Negligence; (6) Breach of Express Warranty; (7) Breach of Implied Warranty; (8) Negligent Misrepresentation; and (9) Fraud. ECF No. 5. On August 4, 2016, Defendants Sanofi U.S. Services, Inc. and Sanofi-Aventis U.S. LLC ("Defendants") removed the matter to this Court on the basis of diversity jurisdiction. Subsequent to removal, Defendants filed a Motion to Dismiss, Motion to Sever, and Motion to Stay. Plaintiffs filed a Motion to Remand. Defendants Sanofi S.A. and Aventis Pharma S.A. have not been served.

For purposes of this Motion to Dismiss, the Court accepts as true the following facts alleged in Plaintiffs' Complaint. Great Rivers Habitat Alliance v. Fed. Emergency Mgmt. Agency, 615 F.3d 985, 988 (8th Cir. 2010). Plaintiff Barbara Addelson ("Plaintiff Addelson") is a citizen of St. Louis County, Missouri. From November 2010, through March 2011, Plaintiff Addelson took Taxotere in the City of St. Louis, pursuant to a doctor's prescription to treat *** cancer. Plaintiff Dorethea Braxton [*3]  ("Plaintiff Braxton") is a citizen of New Jersey. From December 2008, through May 2009, Plaintiff Braxton took Taxotere, pursuant to a doctor's prescription to treat *** cancer.

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2016 U.S. Dist. LEXIS 147359 *; 2016 WL 6216124

BARBARA ADDELSON, et al., Plaintiff(s), v. SANOFI S.A., et al., Defendant(s).

CORE TERMS

personal jurisdiction, contacts, motion to dismiss, forum state, general jurisdiction, Plaintiffs', connecting, Sever, principal place of business, subject matter jurisdiction, plaintiff's claim, improper venue, registered agent, allegations, motions