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DailyClout DailyClout Lawsuit

Leathers v. United States Litigation Update: Pfizer Seeks Dismissal of the Complaint

July 21, 2023 • by George Smith
I am George Smith, the lead counsel for DailyClout’s Ohio-based lawsuit against Pfizer accusing the company of fraud in the approval and marketing of its COVID-19 “vaccines” and violation of informed consent.
Pfizer filed a Motion to Dismiss our Complaint (attached), arguing that the bulk of the Plaintiffs’ allegations are nothing more than an airing of generalized grievances as to the perceived ills of the “vaccine”, that any allegations of injuries to third parties are extraneous and irrelevant (only allegations of injuries to Plaintiffs personally are allowed to be in the Complaint), and that it is unclear what injuries Plaintiffs claim to have suffered at Pfizer’s hand.
My Memorandum in Opposition (attached) addresses Pfizer’s arguments and explains why the allegations of which Pfizer complains are relevant and should not be removed from the Complaint, and I explain how Pfizer injured the Plaintiffs. Pfizer will have 21 days to reply to my arguments before the motion is decisional (that is, before the judge will rule on it.)

If Pfizer’s Motion is granted, our Complaint will be dismissed; but the Court should grant us Leave to Amend to address Pfizer’s (and the other defendants’) complaints. However, if the Motions to Dismiss are granted, it will likely gut our Complaint to the point of making any attempt at amendment futile.’

 

Memo. Opp. Mtn. Dismiss Under Rule 41(b)_Pfizer_Final for Filing Motion to Dismiss_Pfizer_Rule 8

 

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