Alton v. Medtronic, Inc. et al
||Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc.
||Richard D. Alton
||March 11, 2013
||Oregon District Court
||Portland (3) Office
|Nature of Suit:
||Tort Product Liability
|Cause of Action:
||28:1332 Diversity-Product Liability
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|September 6, 2013
OPINION & ORDER: Medtronic's Request for Judicial Notice 23 and Alton's Request for Judicial Notice 26 for are each Granted as discussed (in this opinion), and Medtronic's Motion to Dismiss 19 is Granted as to Alton& #039;s strict products liability claim for defective design and otherwise Denied, as discussed (in this opinion). Alton's strict products liability claim for defective design is accordingly dismissed as preempted under the federal Food Drug and Cosmetics Act. Signed on 9/6/13 by Magistrate Judge Paul Papak. (gm)
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