Bertini et al v. Smith & Nephew GmbH et al
| Debra Bertini and Louis Bertini |
| Smith & Nephew, Inc., Smith & Nephew PLC and Smith & Nephew GmbH |
| 1:2013cv00079 |
| January 4, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
39
MEMORANDUM DECISION AND ORDER: This is a diversity products liability action involving a hip replacement system manufactured by defendant. Defendant has moved to dismiss plaintiffs' 31 second amended complaint on the grounds that federa l law regulating these devices preempts plaintiffs' state law claims, and that beyond the preemption issue, the pleading is inadequate to state a claim. For the reasons stated, defendant's 32 motion to dismiss is granted in its entirety. Ordered by Judge Brian M. Cogan, on 3/14/2014. (Barrett, C)
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