KLINE et al v. ZIMMER HOLDINGS, INC et al

Defendant: ZIMMER HOLDINGS, INC, ZIMMER, INC. and ZIMMER US, INC.
Plaintiff: GREGORY KLINE and CHERRIE KLINE
 
Case Number: 2:2013cv00513
Filed: April 9, 2013
 
Court: Pennsylvania Western District Court
Office: Pittsburgh Office
County: Allegheny
Presiding Judge: Joy Flowers Conti
Referring Judge: Robert C. Mitchell
 
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1446 Notice of Removal-Personal Injury
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 27, 2013 23 Opinion or Order of the Court ORDER granting in part and denying in part 12 Motion to Dismiss, treated as a partial motion for judgment on the pleadings. adopting Report and Recommendations re 20 Report and Recommendations as an opinion of the court. As to the strict liabi lity claims in Count II, the motion is granted with respect to plaintiffs' design defect and failure to warn claims, but denied with respect to plaintiffs' manufacturing defect claim; as to the breach of implied warranties claims in Count I II, the motion is granted with respect to plaintiffs' claim of breach of the implied warranty of fitness for a particular purpose and the claim of breach of implied warranty of merchantability based upon the design defect and failure to warn cla ims, but denied with respect to plaintiffs' claim of breach of the implied warranty of merchantability based upon a manufacturing defect; as to the breach of express warranties claims in Count IV, the motion is granted.; Signed by Judge Joy Flowers Conti on 6/27/2013. (smc )

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Defendant: ZIMMER HOLDINGS, INC
Represented By: Patrick H. Reilly
Represented By: William T. Polaski
Represented By: Gregg M. Heinemann
Represented By: Mark E. Gebauer
Represented By: Adrienne F. Busby
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Defendant: ZIMMER, INC.
Represented By: Mark E. Gebauer
Represented By: Adrienne F. Busby
Represented By: Gregg M. Heinemann
Represented By: William T. Polaski
Represented By: Patrick H. Reilly
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Defendant: ZIMMER US, INC.
Represented By: Adrienne F. Busby
Represented By: Mark E. Gebauer
Represented By: Gregg M. Heinemann
Represented By: William T. Polaski
Represented By: Patrick H. Reilly
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Plaintiff: GREGORY KLINE
Represented By: Diane W. Perer
Represented By: Alan H. Perer
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Plaintiff: CHERRIE KLINE
Represented By: Diane W. Perer
Represented By: Alan H. Perer
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