Viania v. Zimmer, Inc. et al
Plaintiff: James Viania
Defendant: Zimmer Holdings, Inc. and Zimmer, Inc.
Case Number: 2:2017cv01641
Filed: March 23, 2017
Court: U.S. District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Anne Y. Shields
Presiding Judge: Arthur D. Spatt
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
November 27, 2017 Opinion or Order Filing 28 MEMORANDUM OF DECISION & ORDER - For the reasons stated above, the Defendants' 13 motion to dismiss is granted in part, and denied in part. It is granted to the extent that the Plaintiff's claims for breach of express and implied warrant y of fitness for a particular purpose and negligent misrepresentation are dismissed. It is denied to the extent that the Plaintiffs negligence claim survives the motion to dismiss pursuant to Rule 12(b)(6) because it is not, as a matter of law, duplicative of his products liability claims. This case is respectfully referred to Magistrate Judge Anne Y. Shields for discovery. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 11/27/2017. (Coleman, Laurie)
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Plaintiff: James Viania
Represented By: Gerald T. McCarthy
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Defendant: Zimmer Holdings, Inc.
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Defendant: Zimmer, Inc.
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