Cavender v. Medtronic, Inc.

Cavender v. Medtronic, Inc.

Plaintiff:	Miriam Cavender
Defendant:	Medtronic, Inc.
Case Number:	3:2016cv00232
Filed:	April 21, 2016
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
County:	St. Joseph
Presiding Judge:	John E Martin
Presiding Judge:	William C Lee
Nature of Suit:	Personal Injury: Health Care
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 14, 2017	Filing 28 OPINION AND ORDER DENYING 21 MOTION to Dismiss the Amended Complaint by Defendant Medtronic, Inc. Plaintiff Miriam Cavender's claims for negligence, negligence per se and breach of express and implied warranties are SUBSUMED by the Indiana Pro duct Liability Act claim and merged into a single cause of action under that statute for manufacturing defect, design defect and failure to warn. The Motion is DENIED as to the issue of federal preemption. This case will proceed on Plaintiff's cause of action pursuant to the Indiana Product Liability Act. Signed by Judge William C Lee on 4/14/17. (cer)
November 8, 2016	Filing 19 OPINION AND ORDER: Plaintiff Miriam Cavender's common law negligence claim is DISMISSED WITH PREJUDICE; Plaintiff's product liability claims and UCC breach of warranty claims are DISMISSED WITHOUT PREJUDICE; and Plaintiff to file an amended complaint within 30 days of the date of this Opinion and Order as outlined. Medtronic DIRECTED to file an answer to plaintiff's amended complaint (or a second motion to dismiss) within 30 days from the date of the filing of Plaintiff's amended complaint. Signed by Judge William C Lee on 11/8/2016. (tc)

Date Filed

Document Text

April 14, 2017

Filing 28 OPINION AND ORDER DENYING 21 MOTION to Dismiss the Amended Complaint by Defendant Medtronic, Inc. Plaintiff Miriam Cavender's claims for negligence, negligence per se and breach of express and implied warranties are SUBSUMED by the Indiana Pro duct Liability Act claim and merged into a single cause of action under that statute for manufacturing defect, design defect and failure to warn. The Motion is DENIED as to the issue of federal preemption. This case will proceed on Plaintiff's cause of action pursuant to the Indiana Product Liability Act. Signed by Judge William C Lee on 4/14/17. (cer)

November 8, 2016

Filing 19 OPINION AND ORDER: Plaintiff Miriam Cavender's common law negligence claim is DISMISSED WITH PREJUDICE; Plaintiff's product liability claims and UCC breach of warranty claims are DISMISSED WITHOUT PREJUDICE; and Plaintiff to file an amended complaint within 30 days of the date of this Opinion and Order as outlined. Medtronic DIRECTED to file an answer to plaintiff's amended complaint (or a second motion to dismiss) within 30 days from the date of the filing of Plaintiff's amended complaint. Signed by Judge William C Lee on 11/8/2016. (tc)

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Plaintiff: Miriam Cavender
Represented By:	Jeffrey J Stesiak
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Defendant: Medtronic, Inc.
Represented By:	Thomas Lee Kirsch, II
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