Harter et al v. Johnson & Johnson et al
| Beth Harter and Stuart Harter |
| Johnson & Johnson, Ethicon, Inc., Gynecare Worldwide, Ethicon Women's Health and Urology and John Doe Corporations 1-50 |
| 2:2012cv00737 |
| March 16, 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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The following documents for this case are available for you to view or download:
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Filing
119
MEMORANDUM OPINION AND ORDER (Ethion's Motion for Summary Judgment) Ethicon's 84 MOTION for Summary Judgment is GRANTED regarding the following claims: negligent manufacturing (part of Count I), (Count II) strict liability - manufac turing defect, (Count III) strict liability - failure to warn, (Count IV) strict liability - defective product, (Count V) strict liability - design defect, (Count IX) negligent misrepresentation, (Count X) negligent infliction of emotional d istress, (Count XIII) consumer protection, and (Count XV) unjust enrichment; Ethicon's Motion on the following claims is GRANTED for both the Prosima and the TVT-O: common law fraud (Count VI), fraudulent concealment (Count VII), construc tive fraud (Count VIII), and breach of implied warranty of fitness for a particular purpose (Count XII); defendant's Motion for claims related to the TVT-O is GRANTED for the following: (I) negligence and (XIV) gross negligence; Ethicon� 39;s Motion on the following claims regarding the Prosima is DENIED: negligence (Count I), breach of express warranty (Count XI), breach of implied warranty of merchantability for defective design or for an inadequate warning (Count XII), and gr oss negligence (Count XIV); and Ethicon's Motion on the following claims regarding the TVT-O is DENIED: breach of express warranty (Count XI), and breach of implied warranty of merchantability for defective design or for an inadequate warning (Count XII), as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 12/15/2016. (cc: counsel of record; any unrepresented party) (ts)
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Filing
118
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Niall Galloway, M.D.) The 88 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions and Testimony of Niall Galloway, M.D. is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 12/14/2016. (cc: counsel of record; any unrepresented party) (ts)
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Filing
115
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
114
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bobby Shull, 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 Certain General Opinions of Bobby Shull, M.D. in Wave 1 Cases, 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) (mmw)
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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)
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Filing
110
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
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)
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Filing
108
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Duane B. Priddy, 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 Duane B. Priddy, 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) (mmw)
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