Beach v. American Medical Systems, Inc.
| Harriet Beach |
| American Medical Systems, Inc. |
| 2:2012cv00476 |
| February 22, 2012 |
| 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 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
185
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bobby L. Shull, M.D.) The 111 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Specific-Causation Testimony of Bobby L. Shull, M.D. is DENIED in part and RESERVED in part and that the d uplicate 125 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Specific-Causation Testimony of Bobby L. Shull, M.D. is DENIED as moot, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 2/7/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
184
MEMORANDUM OPINION AND ORDER (Defendants' Motion for Partial Summary Judgment) Ethicon's 104 Motion for Summary Judgment is GRANTED in part and DENIED in part; Ethicon's Motion is GRANTED with regard to the following claims: Count II (Strict Liability - Manufacturing Defect), Count III (Strict Liability - Failure to Warn), Count IV (Strict Liability - Defective Product), and Count V (Strict Liability - Design Defect), Count VI (Common Law Fraud), Count VII (Fraudulent Concealmen t), Count VIII (Constructive Fraud), Count IX (Negligent Misrepresentation), Count X (Negligent Infliction of Emotional Distress), and Count XV (Unjust Enrichment); and Ethicon's Motion is DENIED in all other respects. Signed by Judge Joseph R. Goodwin on 2/3/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
183
MEMORANDUM OPINION AND ORDER (Motions in Limine) Plaintiff's 153 MOTION by Harriet Beach in Limine is GRANTED in part as to Motion in Limine No. 1 and any other conceded motion therein, the remainder of the Motion is DENIED without preju dice; Defendants' 137 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 2 is GRANTED in part and any other conceded motion therein, the remainder of the Motion is DENIED without prejudice; Defendants' 151 MOTION by Ethicon, Inc., Johnson & Johnson in Limine to Exclude Evidence of Plaintiff's Allegations of Spoliation is GRANTED; Defendants' 170 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File a Reply in Support of Defendants' Motion in Li mine to Exclude Evidence of Plaintiff's Allegations of Spoliation is DENIED as moot; and the following Motions are GRANTED insofar as they are conceded and are otherwise DENIED without prejudice: 136 MOTION by Ethicon, Inc., Johnson & Johnso n in Limine No. 1, 138 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 3, 139 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 4, 140 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 5, 141 MOTION by Ethicon, Inc., Jo hnson & Johnson in Limine No. 6, 142 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 7, 143 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 8, 144 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 9, 145 MOTION by Et hicon, Inc., Johnson & Johnson in Limine No. 10, 146 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 11, 147 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 12, 148 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 13, and 149 MOTION by Ethicon, Inc., Johnson & Johnson in Limine No. 14, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/24/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
182
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Shelby Thames, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions and Testimony of Shelby Thames, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/2/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr)
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Filing
180
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Vladimir Iakovlev, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladirmir Iakovlev, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/1/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)
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Filing
179
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Scott A. Guelcher, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Scott A. Guelcher, Ph.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/31/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)
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Filing
177
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Donald R. Ostergard, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion by Ethicon, Inc., Johnson & Johnson to Exclude the General-Causation Testimony of Donald R. Ostergard, M.D. in Certain Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/30/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)
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Filing
176
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Peggy Pence, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude Peggy Pence, Ph.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/25/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr)
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Filing
93
ORDER denying 76 MOTION by Ethicon, Inc., Johnson & Johnson to Strike All Expert Reports of Dr. Vladimir Iakovlev and REQUEST for Immediate Hearing, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 3/10/2016. (cc: counsel of record; any unrepresented party) (kp)
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Filing
15
ORDER TRANSFERRING CASE to Southern District of West Virginia, MDL 2325. Signed by MDL Panel Clerk on 2/22/2012. (kc, COURT STAFF) (Filed on 2/22/2012) [Transferred from California Northern on 2/23/2012.]
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| Plaintiff: Harriet Beach | |
| Represented By: | Rachel Beth Abrams |
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| Defendant: American Medical Systems, Inc. | |
| Represented By: | Phillip Howard Babich |
| Represented By: | J. David Bickham |
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