(PS) Adams v. Abbott Laboratories

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROLAND ADAMS, Case No. 2:24-cv-0555-DC-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS ABBOTT LABORATORIES, Defendant. 16 17 Plaintiff Roland Adams brings this action for products liability against Defendant Abbott Laboratories. Defendant moves for a second time to dismiss the complaint on the basis that it fails to state a claim under Federal Rules of Civil Procedure 12(b)(6). For the reasons stated below, I recommend that defendant’s motion be granted and the complaint be dismissed with leave to amend. Procedural History Plaintiff initiated this action in Sacramento Superior Court, and defendant removed it on February 22, 2024. ECF No. 1. Plaintiff alleged claims for strict products liability, negligence, and breach of implied warranty. Id. Following removal, defendant moved to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) & (8). ECF No. 4. The court granted…