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Plaintiff-appellant Derrick Brown ("Brown"), Personal Representative of the Estate of Dorothy Brown, deceased, appeals from summary judgments certified as final pursuant to Federal Rule of Civil Procedure 54(b) in favor of defendants Noxubee General Hospital ("Noxubee") and Baptist Memorial Hospital-Golden Triangle ("Baptist") and from a summary judgment in favor of defendant-appellee Eli Lilly and Company ("Eli Lilly"). The judgments were entered in the United States District Court for the Eastern District of New York (Weinstein, J.). The action giving rise to this appeal, removed from state court in Mississippi to a federal district court in Mississippi, and thereafter transferred to the Eastern District of New York, was brought to recover for the wrongful death of Dorothy Brown ("Ms. Brown") allegedly due to her treatment with the drug Zyprexa, which is manufactured by Eli Lilly. An earlier appeal from the certified judgment in favor of Noxubee was withdrawn by stipulation. An earlier appeal from the certified judgment in favor of Baptist was dismissed. A motion to remand, predicated on the lack of diversity on the parts of Noxubee and Baptist was denied following the issuance of all the orders granting summary judgment.


654 F.3d 347 (2011)

Derrick BROWN, Personal representative of the Estate of Dorothy A. Brown, Deceased, Plaintiff-Appellant, v. ELI LILLY AND COMPANY, Defendant-Appellee, Noxubee General Hospital, Baptist Memorial Hospital-Golden Triangle, Police Officers John Does 1-5, Defendants.

Docket Nos. 10-512-cv.

United States Court of Appeals, Second Circuit.

Submitted: 5/4/11

Decided: 8/18/11

New York Law School location: Box #156, File #4032