Batchelor v. Pfizer Inc.


The firm scored its third Twombly/Iqbal win for Pfizer, this time in an Alabama Depo Provera case (Batchelor v. Pfizer Inc). Twombly/Iqbal is a pleading standard that resulted from two Supreme Court cases (Bell Atlantic v. Twombly and Ashcroft v. Iqbal).

The plaintiff in the case sued to recover damages for alleged injuries she suffered after taking the birth control drug known as Depo Provera. Our attorneys moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), on grounds that the plaintiff had not met its pleading burden. The judge struck the complaint on its own inherent authority, which technically made the defense motion moot, but which was effectively the same as granting that motion and giving the plaintiff leave to re-plead. The court's bases for striking the complaint included many of the arguments made in our motion to dismiss.

The Batchelor opinion cited one of the firm's earlier wins in Reed v. Pfizer (E.D.N.Y.) involving the drug Lybrel. The third recent dismissal secured by our attorneys for "inartful pleading" was in the Duncan v. Pfizer (N.D. Miss.), which also involved Depo Provera.

With these three wins, the firm has contributed significantly to the precedential building blocks for future motions to dismiss in product liability cases.

The litigation team for Pfizer consisted of our attorneys, along with Pfizer in-house Counsel Daniel Thacker (on the Depo-Provera cases) and Amanda Perez (on Reed v. Pfizer).

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