Court of Appeals for the Third Circuit February 2, 2010, 09-1223, 09-1292 (Smith v. Johnson and Johnson)

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on appeal and cross-appeal from an order of the District Court entered on December 30, 2008, granting summary judgment against plaintiff Patty Lee Smith and in favor of defendant Johnson and Johnson (“J & J”). We will affirm on Smith’s appeal but will dismiss J & J’s cross-appeal.

II.