What step should the woman take in her diversity action against the pharmaceutical company to advance her strict products liability claim?

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Filing a motion to amend the summary judgment is a crucial step for advancing a strict products liability claim, particularly if there are deficiencies in the initial filing or if new evidence has come to light that could support her position. Summary judgment is a legal procedure that allows a party to seek dismissal of a case without going to trial, typically asserting that there are no genuine disputes of material fact. If the woman feels that her original claim was inadequately supported or if there are additional facts that strengthen her argument, amending the motion for summary judgment allows her to present this new information.

This action can be particularly important in a diversity action where the burden is often on the plaintiff to demonstrate all elements of their claim, including product defectiveness and causation. By amending her motion, she could clarify and strengthen her arguments, thus improving her chances of overcoming any motions for summary judgment filed by the pharmaceutical company and enhancing the likelihood of proceeding to trial.

Taking this step is relevant to ensuring that her legal arguments are as robust as possible, which is essential in strict liability cases where the standards of proof can be quite stringent. This course of action signifies a proactive approach to litigation, aimed at preserving her rights and advancing her case effectively.

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