Kivel v. Ethicon, Inc. et al
Plaintiff: Beverly Kivel
Defendant: Ethicon, Inc., Ethicon Women's Health and Urology, Gynecare and Johnson & Johnson
Case Number: 2:2012cv00591
Filed: February 28, 2012
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: XX US, Outside State
Presiding Judge: Joseph R. Goodwin
Nature of Suit: Personal Injury- Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
December 19, 2016 Opinion or Order Filing 121 MEMORANDUM OPINION AND ORDER (Defendants' Motion for Summary Judgment) Ethicon's 67 Motion for Summary Judgment is GRANTED with regard to the plaintiff's claims for: Count II, strict liability manufacturing defect; Count IV, strict l iability defective product; Count VI, Fraud; Count VII, fraudulent concealment; Count VIII, constructive fraud; Count IX, negligent misrepresentation; Count X, negligent infliction of emotional distress; Count XI, breach of express warranty; Count XI I breach of implied warranty; Count XIII, violation of consumer protection laws; Count XIV, gross negligence; and Count XV, unjust enrichment; and Ethicon's Motion regarding the plaintiff's strict liability design defect, strict liability failure to warn and negligence claims is DENIED. Signed by Judge Joseph R. Goodwin on 12/19/2016. (cc: counsel of record; any unrepresented party) (kp)
December 13, 2016 Opinion or Order Filing 118 MEMORANDUM OPINION AND ORDER (Motion in Limine re: Timothy Ulatowski) denying as moot 96 MOTION by Beverly Kivel in Limine to Limit Testimony at Trial of Ethicon's Regulatory Expert, Timothy Ulatowski. Signed by Judge Joseph R. Goodwin on 12/13/2016. (cc: counsel of record; any unrepresented party) (ts)
September 2, 2016 Opinion or Order Filing 116 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)
August 31, 2016 Opinion or Order Filing 113 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)
August 30, 2016 Opinion or Order Filing 110 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)
August 26, 2016 Opinion or Order Filing 109 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Jerry Blaivas, 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 Jerry Blaivas, 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) (mmw)
August 25, 2016 Opinion or Order Filing 108 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)
August 24, 2016 Opinion or Order Filing 106 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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Plaintiff: Beverly Kivel
Represented By: Yvonne M. Flaherty
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Defendant: Ethicon, Inc.
Represented By: Jan R. McLean Bernier
Represented By: Philip J. Combs
Represented By: Dana M. Lenahan
Represented By: Sarah A. Martin
Represented By: Stephanie D. Thacker
Represented By: David B. Thomas
Represented By: Tracy J. Van Steenburgh
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Defendant: Ethicon Women's Health and Urology
Represented By: Jan R. McLean Bernier
Represented By: Dana M. Lenahan
Represented By: Tracy J. Van Steenburgh
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Defendant: Gynecare
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Defendant: Johnson & Johnson
Represented By: Jan R. McLean Bernier
Represented By: Philip J. Combs
Represented By: Dana M. Lenahan
Represented By: Sarah A. Martin
Represented By: Stephanie D. Thacker
Represented By: David B. Thomas
Represented By: Tracy J. Van Steenburgh
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