Stewart et al v. Boston Scientific Corporation
| Chelsea Stewart and Matt Tyler Stewart |
| Boston Scientific Corporation |
| 2:2012cv03686 |
| July 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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The following documents for this case are available for you to view or download:
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Filing
132
MEMORANDUM OPINION AND ORDER (Motions in Limine) The court GRANTS the plaintiffs' 126 Motion in Limine No. 1 - Evidence Relating to the United States Food and Drug Administration, and GRANTS in part and RESERVES in part the 127 defendant's Initial Motions in Limine. Signed by Judge Joseph R. Goodwin on 5/19/2016. (cc: counsel of record; any unrepresented party) (mek)
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Filing
128
MEMORANDUM OPINION AND ORDER (Daubert Motions) The 62 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 65 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANTED; the 71 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; the 72 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 73 Motion to Exclude th e Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 74 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 75 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part a nd DENIED in part; the 80 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; and the 67 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED. Plaintiffs' 66 Motion to Ex clude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; the 70 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the 78 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is G RANTED in part and DENIED in part; the 79 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; the 56 Motion to Exclude Opinions and Testimony of Dr. David F. Feigal Jr., M.D., M.P.H. is GRANTED; the 68 Motion to Exclude the Opinions and Testimony of Lonny Green, M.D. is GRANTED in part and DENIED in part; and the 69 Motion to Limit or Exclude the General and Specific Causation Opinions of Jennifer Anger, M.D. is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/9/2016. (cc: counsel of record; any unrepresented party) (mek)
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Filing
121
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) Boston Scientific Corporation's 60 MOTION for Summary Judgment Against Plaintiffs Chelsea Stewart and Matt Stewart is GRANTED IN PART with respect to Ms. Stewart' ;s claims for failure to warn, under theories of strict liability and negligence; and manufacturing defect, under theories of strict liability and negligence. BSC's Motion for Summary Judgment is DENIED IN PART with respect to Ms. Stewart's claims for strict liability for failure to warn, strict liability for design defect, negligence, breach of implied warranty, and breach of express warranty; and Mr. Stewart's claim for loss of consortium. Signed by Judge Joseph R. Goodwin on 10/6/2015. (cc: counsel of record; any unrepresented party) (kp)
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Filing
120
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) denying 61 MOTION by Boston Scientific Corporation for Partial Summary Judgment on Plaintiff's Chelsea Stewart and Matt Stewart's Punitive Damages Claim, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 10/5/2015. (cc: counsel of record; any unrepresented party) (kp)
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