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marjac

03/12/22 5:19 PM

#372845 RE: sts66 #372842

You are correct.

I was surprised that Hikma was dismissed, given: (1) the holding in GSK v. Teva; (2) that the Magistrate Judge initially denied dismissal; and (3) the legal standard governing motions to dismiss, is heavily tilted towards denying dismissal.

I was also surprised that the Judge denied the motion to sever. We do not know why, because the Judge did not write an Opinion with reasons for denying the motion to sever.