Canterbury v. Boston Scientific Corporation
| Karen Marie Canterbury |
| Boston Scientific Corporation |
| 2:2012cv08633 |
| December 7, 2012 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Joseph R. Goodwin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
611
MEMORANDUM OPINION AND ORDER (Defendant's Renewed Motion for Judgment as a Matter of Law & Motion for New Trials) denying BSC's 581 Renewed Motion and 579 Motion for New Trials as to plaintiffs Wilson, Campbell and Blankenship; and denying as moot BSC's 581 Renewed Motion and 579 Motion for New Trials as to Ms. Tyree, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 10/3/2016. (cc: counsel of record; any unrepresented party) (mek)
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Filing
473
AMENDED MEMORANDUM OPINION AND ORDER (Daubert Motions) the 444 Memorandum Opinion and Order entered on 10/27/2014 is amended as follows: on pages 11 and 49 to correct minor typographical errors (changing "his expert opinion" to "BSC's motion"). These changes do not alter the rulings. Signed by Judge Joseph R. Goodwin on 10/29/2014. (cc: attys; any unrepresented party) (skh)
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Filing
464
MEMORANDUM OPINION AND ORDER (Motions in Limine) for the reasons discussed herein, it is ORDERED that 374 Defendant Boston Scientific Corporation's Initial Motions in Limine are GRANTED in part and DENIED in part; 366 Plaintiffs' Omnib us Motions in Limine are GRANTED in part and DENIED in part; 363 Plaintiff Jeanie Blankenship's Motion in Limine is GRANTED in part and DENIED in part; 368 Plaintiff Chris Rene Wilson's Motion in Limine Reference to Plaintiff's Pr ior Suicide Attempt is GRANTED; 369 Plaintiff Chris Rene Wilson's Motion in Limine Reference to Plaintiff's Method of Conception is GRANTED; 370 Plaintiff Chris Rene Wilson's Motion in Limine Reference to Plaintiff's Gender Identity is GRANTED; 371 Plaintiff Chris Rene Wilson's Motion in Limine Reference to Plaintiff's Diagnosis of Trigeminal Neuralgia is DENIED without prejudice; 372 Plaintiff Chris Rene Wilson's Motion in Limine Reference to Prior Lawsuit is GRANTED; and 373 Plaintiff Chris Rene Wilson's Motion in Limine Reference to Plaintiff's Worker's Compensation Claim is GRANTED. Signed by Judge Joseph R. Goodwin on 10/22/2014. (cc: attys; any unrepresented party) (ts)
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Filing
453
AMENDED MEMORANDUM OPINION AND ORDER (Motion for Summary Judgment re: Campbell) amending the 445 MEMORANDUM OPINION AND ORDER (Motion for Summary Judgment re: Campbell) to omit original footnote two which does not alter the ruling denying summary judgment on the strict liability for failure to warn claim. Signed by Judge Joseph R. Goodwin on 10/20/2014. (cc: attys; any unrepresented party) (ts)
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Filing
449
MEMORANDUM OPINION AND ORDER (Motion for Summary Judgment re: Blankenship) for the reasons discussed herein, it is ORDERED that BSC's Motion for Summary Judgment 259 is GRANTED IN PART with respect to the plaintiff's strict liability for manufacturing defect, negligent manufacturing, breach of implied warranty of fitness for a particular purpose, and fraudulent concealment claims, and DENIED IN PART with respect to plaintiff's strict liability for failure to warn, strict liabili ty for design defect, negligent design, negligent warning, breach of express warranty, and breach of implied warranty of merchantability claims. Consequently, the claims that remain in this matter are (1) strict liability for failure to warn; (2) str ict liability for design defect; (3) negligent design and negligent warning; (4) breach of express warranty; and (5) breach of implied warranty of merchantability. Signed by Judge Joseph R. Goodwin on 10/17/2014. (cc: attys; any unrepresented party) (skh)
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Filing
425
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment on Plaintiffs' Punitive Damages Claims and Plaintiff's Motion for Leave to Amend Complaint) for the reasons explained herein, denying 263 MOTION by Boston Scientific Corporation for Partial Summary Judgment on Plaintiffs' Punitive Damages Claims and denying 167 MOTION by Chris Rene Wilson for Leave to Amend Complaint. Directing the Clerk to post a copy of this published opinion on the court's website, www.wvsd.uscourts.gov. Signed by Judge Joseph R. Goodwin on 10/9/2014. (cc: attys; any unrepresented party) (skh)
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Filing
153
ORDER granting 121 MOTION by Boston Scientific Corporation to Compel Consolidated Obtryx Plaintiffs to Appear for Physical Examination. Directing Plaintiffs to make themselves available for examinations on dates and times to be arranged on or befo re 7/21/2014, and at locations agreed upon by the parties. Directing Boston Scientific to provide, in writing, to Plaintiffs' counsel on or before 7/3/2014 the proposed scope of the examination to be performed upon each Plaintiff, including any testing that the examining physician intends to order. Plaintiffs shall have until noon on Tuesday, 7/8/2014 to notify the court of any objections to the proposed examination/testing, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 7/1/2014. (cc: counsel of record) (skh)
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