Day et al v. Ethicon, Inc. et al
| Charlotte A. Day and Troy Day |
| Ethicon, Inc., Ethicon Women's Health and Urology, Gynecare and Johnson & Johnson |
| 2:2012cv02264 |
| June 25, 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
81
MEMORANDUM OPINION AND ORDER (Daubert Motion re: Christopher Walker, M.D.) The 50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Case-Specific Opinions of Dr. Christopher Walker is DENIED in part and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/1/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
80
MEMORANDUM OPINION AND ORDER (Defendants' Motion for Summary Judgement) The 60 MOTION by Charlotte A. Day, Troy Day for Leave to File Declaration in Opposition to Defendants' Motion For Summary Judgment is GRANTED and 48 MOTION by Ethic on, Inc., Ethicon, LLC, Johnson & Johnson 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 VI (common law 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 XII (breach of implied warranty), Count X III (violation of consumer protection laws), Count XIV (gross negligence), Count XV (unjust enrichment), Count XVII (punitive damages), and Count XVIII (discovery rule and tolling). Ethicons Motion is DENIED in all other respects, as fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/21/2017. (cc: counsel of record; any unrepresented party) (hkl)
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