KLINE et al v. ZIMMER HOLDINGS, INC et al
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|Date Filed||#||Document Text|
|July 6, 2015
ORDER granting 70 Motion for Summary Judgment; denying as moot 74 Motion in Limine; denying 84 Motion to Strike ; adopting Report and Recommendations re 88 Report and Recommendations. Signed by Chief Judge Joy Flowers Conti on 7/6/2015. (ten)
|June 27, 2013
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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