The defendant, Bayer Inc., brought a motion to strike the plaintiffs' statement of claim in a product liability action concerning an allegedly defective contraceptive device.
The court found that the claim consisted of bare allegations and conclusory statements without pleading the necessary material facts to support a cause of action in negligence.
The motion was granted, and the statement of claim was struck in its entirety without leave to amend, as the court was not persuaded that the foundational deficiencies could be cured.
