United States District Court, Southern District of New York
April 7, 2003
IN RE: REZULIN PRODUCTS LIABILITY LITIGATION
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.
PRETRIAL ORDER NO. 132
(Motions for Summary Judgment)
Defendants have moved for summary judgment dismissing the claims of plaintiffs Frederick Alexander, Darlene McRee, and Bobbie Pittman.
Each of these plaintiffs has admitted, either expressly or by failing to respond to defendants' Rule 56.1 Statement,*fn1 that he or she has suffered no injury in consequence of taking Rezulin. The sole claim in each case is the apprehension that ingestion of Rezulin might cause some injury in the future.
Mississippi law governs this case. "Mississippi has not recognized a cause of action for fear of future disease." Beech v. Leaf River Forest Prods., Inc., 691 So.2d 446, 451 (Miss. 1997). The utterly conclusory and unsubstantiated assertions of two of these plaintiffs that "evidence has been presented to show that Rezulin is dangerous and harmful" are insufficient to create a genuine issue of material fact. In consequence, defendants' motions for summary judgment dismissing the claims of these plaintiffs [docket items 838, 979 and 981 in 00 Civ. 2843] are granted.