Keffer v. Wyeth et al
| 2:2004cv00692 |
| July 7, 2004 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| John T. Copenhaver, Jr. |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
309
MEMORANDUM OPINION AND ORDER directing that 177 MOTION by Pharmacia & Upjohn Company, Wyeth, Wyeth Pharmaceuticals, Inc. to Exclude the General Causation Testimony of Dr. Michael Wertheimer and Dr. John Cronin and REQUEST for a Hearing and 180 M OTION by Pharmacia & Upjohn Company, Wyeth, Wyeth Pharmaceuticals, Inc. to Exclude the Specific Causation Testimony of Dr. Michael Wertheimer and REQUEST for Hearing are denied without prejudice. Defendants may re-file any specific causation challen ge to Dr. Cronin alone, and any specific causation challenge to Dr. Michaels, according to the following schedule: the 302 MOTION by Rosemary Keffer to Withdraw Expert (Dr. Wertheimer) and Substitute New Expert (Dr. Michaels) is granted to the exte nt provided herein and denied in all other respects; plaintiff is permitted to have Dr. Michaels author and serve supplemental report respecting his opinions as to specific causation in lieu of those previously offered by Dr. Wertheimer by 9/2/2011; defendants are permitted to depose Dr. Michaels respecting his opinions by 9/8/2011; defendants are given leave to renew any Daubert challenges as they relate to Dr. Michaels and Dr. Cronin by 9/12/2011, with any response by plaintiff by 9/16/2011, and any reply by 9/19/2011. Signed by Judge John T. Copenhaver, Jr. on 8/26/2011. (cc: attys; any unrepresented party) (lca)
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Filing
184
MEMORANDUM OPINION AND ORDER denying defendants' 111 MOTION for Partial Summary Judgment as to plaintiff's claim for breach of the implied warranty of merchantability; granting defendants' 111 MOTION for partial summary judgment as to plaintiff's claim for breach of the implied warranty of fitness for a particular purpose and the claim is dismissed; denying defendants' 116 MOTION for Partial Summary Judgment on design defect. Signed by Judge John T. Copenhaver, Jr. on 5/23/2011. (cc: attys) (lca)
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Filing
172
MEMORANDUM OPINION AND ORDER denying defendants Pfizer Inc., Pharmacia & Upjohn Company, Wyeth, Wyeth Pharmaceuticals, Inc.'s 156 UNOPPOSED MOTION for hearing on Dispositive Motions to the extent Upjohn seeks a hearing on its motion for summary judgment; denying Upjohn's 121 MOTION for Summary Judgment. Signed by Judge John T. Copenhaver, Jr. on 5/13/2011. (cc: attys) (mkw)
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Filing
153
MEMORANDUM OPINION AND ORDER denying plaintiff's 72 MOTION to consolidate for trial. Signed by Judge John T. Copenhaver, Jr. on 4/20/2011. (cc: attys) (taq)
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Filing
81
MEMORANDUM OPINION AND ORDER granting 72 MOTION by Rosemary Keffer for Consolidation of Cases 2:04-cv-00435, 2:04-cv-00690 and 2:04-cv-00692; the first filed action (2:04-00435) is designated as the lead case. All further filings shall be captioned and docketed in that case. Signed by Judge John T. Copenhaver, Jr. on 1/24/2011. (cc: attys) (tmh)
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