Schnering et al v. Ethicon, Inc.
| Debra A. Schnering and Donald Schnering, Sr. |
| Ethicon, Inc. |
| 2:2012cv01071 |
| April 11, 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
135
MEMORANDUM OPINION AND ORDER (Defendants' Motion for Partial Summary Judgment) Ethicon's 95 Motion for Partial Summary Judgment is GRANTED in part and DENIED in part; Ethicon's Motion is GRANTED with regard to the following claims: C ount II (Strict Liability - Manufacturing Defect), Count IV (Strict Liability - Defective Product), Count VIII (Constructive Fraud), Count XII (Breach of Implied Warranty of Fitness for a Particular Purpose), and Count XIII (Violation of Consumer Protection Laws); 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
134
MEMORANDUM OPINION AND ORDER (Motions in Limine) The 114 Motion in Limine is GRANTED in part as to Motion in Limine No. 21 and any other conceded motion therein; the remainder of the Motion is DENIED without prejudice; the 108 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 110 Motion to Exclude Evidence of Plaintiffs Allegations of Spoliation is GRANTED; the 121 Motion fo r Leave to File a Reply is DENIED as moot; the 112 MOTION in Limine No. 1 is GRANTED insofar as it is conceded and is otherwise DENIED without prejudice; and the 113 MOTION in Limine Nos. 2 - 20 Barring Unrelated Medical Conditions is GRANTED insofar as it is conceded and is otherwise DENIED without prejudice. Signed by Judge Joseph R. Goodwin on 1/27/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
133
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) (kll)
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Filing
131
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
130
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Kimberly Kenton, 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 the Expert Testimony of Kimberly Kenton, M.D., M.S., 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) (mek)
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Filing
126
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Denise Elser, M.D.) The court DENIES as moot in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude Certain Opinions and Testimony of Denise Elser, 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
125
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bruce Rosenzweig, 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 Bruce Rosenzweig, M.D. in Wave 1 Cases, 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) (kll)
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Filing
123
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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