Zablocki v. C. R. Bard, Inc.
| Dawn Zablocki |
| C. R. Bard, Inc. |
| 2:2011cv00808 |
| October 28, 2011 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R. Goodwin |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
219
MEMORANDUM OPINION AND ORDER The 51 Motion for Partial Summary Judgment is GRANTED IN PART with respect to the plaintiff's claims for manufacturing defect, breach of implied warranty, breach of express warranty, and negligent inspection, packa ging, marketing, and selling. The Motion is DENIED IN PART with respect to the plaintiff's claims for strict liability failure to warn and negligent failure to warn. The 49 Motion for Partial Summary Judgment is DENIED. Signed by Judge Joseph R. Goodwin on 3/21/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
108
ORDER Plaintiffs' 81 Omnibus Motion to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Experts is DENIED; Plaintiffs' 80 Omnibus Motion to Exclude Certain General Opinions and Testimony of C. R. Bard, Inc.s Physician Experts is DENIED; C. R. Bard's 97 Motion to Exclude or Limit Certain Opinions and Testimony by Plaintiffs' Treating Physicians is DENIED; C. R. Bard's 101 Omnibus Motion to Exclude Testimony and Evidence Pu rsuant to Daubert and the Federal Rules of Evidence is DENIED; and Plaintiffs' 103 Motion to Strike or, in the Alternative, Response in Opposition to Bard's "Omnibus Motion to Exclude Testimony and Evidence Pursuant to Daubert and th e Federal Rules of Evidence" is DENIED as moot. The parties have leave to file additional expert-specific Daubert motions and the court will modify an existing PTO to reflect these deadlines. Signed by Judge Joseph R. Goodwin on 1/28/2015. (cc: attys; any unrepresented party) (ras)
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