Lewis v. Abbott Laboratories
- Ronnie Abrams
- 1:08-cv-07480
- U.S. District Court · Southern District of New York
- 2
In Lewis v. Abbott Laboratories, Judge Abrams denied Lewis’s Rule 52 motion with prejudice because it repeated untimely reconsideration arguments.
Lewis, whose motion was denied with prejudice; the action remained closed. The order also directed defense counsel to serve Lewis with a copy.
What happened
In Lewis v. Abbott Laboratories, Lewis sought damages for injuries allegedly caused by the defendants’ drugs and argued that the case should proceed to a jury.
Lewis argued that the court should have viewed the complaint’s facts favorably, applied the continuing-violation rule to the filing deadline, and made findings about the claims.
Judge Ronnie Abrams denied the motion with prejudice because it repeated arguments from an earlier motion that the court had denied as untimely. The Clerk was directed to terminate the motion, and defense counsel was directed to mail Lewis a copy of the order.
The detailed version
- Lewis v. Abbott Laboratories · No. 1:08-cv-07480
- Ronnie Abrams
- Apr. 1, 2020
Background
Lewis filed a motion identified in the opinion as a Rule 52 motion. Lewis sought damages for an injury allegedly caused by the defendants’ drugs in combination. Lewis argued that the court should accept the complaint’s allegations as true, draw reasonable inferences in Lewis’s favor, apply the continuing-violation rule to the statute of limitations, and recognize circumstances that Lewis described as extraordinary hardship. Lewis also argued that the court had not made findings of fact and conclusions of law concerning the claims and that Lewis was entitled to a jury trial.
Ruling
The opinion states that the court’s March 2, 2020 order denied Lewis’s motion for reconsideration as untimely and closed the action. The court determined that the present motion appeared to raise similar arguments and denied it with prejudice for the reasons stated in the March 2 order. The Clerk of Court was directed to terminate the motion at Docket 61. Defense counsel was directed to mail Lewis a copy of the order and file proof of service.
Effect
The order denied Lewis’s Rule 52 motion with prejudice and did not reopen the action. The opinion does not provide the March 2 order’s full reasoning beyond stating that the earlier motion for reconsideration was untimely.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.