Bennett v. Johnson & Johnson Inc. et al
| Dina Sanders Bennett |
| Johnson & Johnson, Inc. and Ethicon, Inc. |
| 2:2012cv00497 |
| February 23, 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 |
| Plaintiff |
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Filing
297
AMENDED MEMORANDUM OPINION AND ORDER (Motions in Limine) The plaintiff's 196 Motion 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 prejudice. The d efendant's 194 Motion in Limine is GRANTED in part as to Motion in Limine No. 2 and any other conceded motion therein; the remainder of the Motion is DENIED without prejudice. The defendant's 192 Motion to Exclude Evidence of Plaintiff s Allegations of Spoliation is GRANTED. The defendant's 273 Motion for Leave to File a Reply is DENIED as moot. The 197 MOTION in Limine No. 18, 199 MOTION in Limine No. 19, 201 MOTION in Limine No. 20, 203 MOTION in Limine No. 21, [20 5] MOTION in Limine No. 22, 207 MOTION in Limine No. 23, 209 MOTION in Limine No. 24, 211 MOTION in Limine No. 25, 213 MOTION in Limine No. 26, 215 MOTION in Limine No. 27, 217 MOTION by Dina Sanders Bennett in Limine No. 28: to Exclude P laintiff's Mental Health Records, 219 MOTION in Limine No. 29, 221 MOTION in Limine No. 30, 223 MOTION in Limine No. 31, 225 MOTION in Limine No. 32, 227 MOTION in Limine No. 33, 229 MOTION in Limine No. 34, 231 MOTION in Limine No . 35, 233 MOTION in Limine No. 36, 235 MOTION in Limine No. 37, 237 MOTION by Dina Sanders Bennett in Limine No. 38: Defendants' Duty to Warn Cannot be Abrogated by its Unsupported Assumption that Users Would have Knowledge of the Undisclo sed Prolift and TVT-S Risks, 239 MOTION in Limine No. 39, 241 MOTION in Limine No. 40, and 243 MOTION in Limine No. 41 are GRANTED insofar as they are conceded and are otherwise DENIED without prejudice. The remaining 166 OMNIBUS MOTIONS in Limine Nos. 1-7, 168 MOTION in Limine No. 8, 170 MOTION in Limine No. 9, 172 MOTION in Limine No. 10, 174 MOTION in Limine No. 11, 176 MOTION in Limine No. 12-16, 178 MOTION in Limine No. 17, 180 MOTION in Limine No. 18, 182 MOTION in Limine No. 19, 184 MOTION in Limine No. 20, 186 MOTION in Limine No. 21-23, and 188 MOTION in Limine No. 24-30 are duplicative and are DENIED as moot. Accordingly, the plaintiff's 245 Motion to Withdraw and the defendants 191 Motion to Strike are DENIED. Signed by Judge Joseph R. Goodwin on 4/14/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
295
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Roger McLendon, M.D.) The 104 MOTION by Dina Sanders Bennett to Exclude Opinions of Roger McLendon, M.D. is RESERVED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 4/10/2017. (cc: counsel of record; any unrepresented party) (hkl)
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Filing
289
MEMORANDUM OPINION AND ORDER (Plaintiff's Motion for Partial Summary Judgment) The 125 MOTION by Dina Sanders Bennett for Partial Summary Judgment on Defendant Ethicon, Inc.'s Separate Defenses is GRANTED as it relates to defenses 3, 4, 5 , 6, 7, 8, 9, 11, 13, 24, 32, 33, 34, 35, 38, 42, 45, 49, 50, 51, 52, 55, 57, 58, 60, 62, 74, 75, 78, 79, and any defenses challenging the plaintiff's claims based on federal preemption grounds. The court further ORDERS that the plaintiffs Motion is DENIED in all other respects. Signed by Judge Joseph R. Goodwin on 3/30/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
286
MEMORANDUM OPINION AND ORDER (Motions in Limine) The plaintiff's 196 Motion 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 prejudice. The defendant 's 194 Motion in Limine is GRANTED in part as to Motion in Limine No. 2 and any other conceded motion therein; the remainder of the Motion is DENIED without prejudice. The defendant's 192 Motion to Exclude Evidence of Plaintiffs Allegat ions of Spoliation is GRANTED. The defendant's 273 Motion for Leave to File a Reply is DENIED as moot. The 197 MOTION in Limine No. 18, 199 MOTION in Limine No. 19, 201 MOTION in Limine No. 20, 203 MOTION in Limine No. 21, 205 MOTION in Limine No. 22, 207 MOTION in Limine No. 23, 209 MOTION in Limine No. 24, 211 MOTION in Limine No. 25, 213 MOTION in Limine No. 26, 215 MOTION in Limine No. 27, 219 MOTION in Limine No. 29, 221 MOTION in Limine No. 30, 223 MOTION i n Limine No. 31, 225 MOTION in Limine No. 32, 227 MOTION in Limine No. 33, 229 MOTION in Limine No. 34, 231 MOTION in Limine No. 35, 233 MOTION in Limine No. 36, 235 MOTION in Limine No. 37, 239 MOTION in Limine No. 39, 241 MOTION in Limine No. 40, and 243 MOTION in Limine No. 41 are GRANTED insofar as they are conceded and are otherwise DENIED without prejudice. The remaining 166 OMNIBUS MOTIONS in Limine Nos. 1-7, 168 MOTION in Limine No. 8, 170 MOTION in Limine No. 9, 172 MOTION in Limine No. 10, 174 MOTION in Limine No. 11, 176 MOTION in Limine No. 12-16, 178 MOTION in Limine No. 17, 180 MOTION in Limine No. 18, 182 MOTION in Limine No. 19, 184 MOTION in Limine No. 20, 186 MOTION in Limine No. 21 -23, and 188 MOTION in Limine No. 24-30 are duplicative and are DENIED as moot. Accordingly, the plaintiff's 245 Motion to Withdraw and the defendants 191 Motion to Strike are DENIED. Signed by Judge Joseph R. Goodwin on 3/7/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
284
ORDER (Order re: Motion for Sanctions for Spoliation) denying 128 MOTION by Dina Sanders Bennett for Sanctions for the Spoliation of William Martin's Custodial File, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 10/6/2016. (cc: counsel of record; any unrepresented party) (mek)
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Filing
283
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Salil Khandwala, M.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 or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D., 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) (mmw)
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Filing
281
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
280
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Juan Carlos Felix, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Daubert Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D., 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
278
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Jaime L. Sepulveda-Toro, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion by Certain Plaintiffs in Wave 1 Cases to Limit the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D., 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) (bdr)
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Filing
277
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Daniel Elliott, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 to Exclude Certain General Opinions of Daniel Elliott, M.D., as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/26/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr)
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Filing
276
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Timothy Ulatowski) The court GRANTS in part, DENIES in part, and RESERVES in part the DAUBERT MOTION filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions of FDA Expert Timothy Ulatowski, 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
275
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Prof. Dr. Med. Uwe Klinge) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson To Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/24/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (mmw)
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Filing
94
ORDER denying 79 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) (ts)
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