Ball et al v. Boston Scientific Corporation
| Marlys Ball and Charles Ball |
| Boston Scientific Corporation |
| 2:2013cv19981 |
| July 12, 2013 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R. Goodwin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Filing
103
MEMORANDUM OPINION AND ORDER (Daubert Motions) The 40 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 34 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANTED ; the 31 Motion to Exclude Opinions and Testimony of Niall Galloway, M.D. is GRANTED in part and DENIED in part; the 37 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; the 38 Motion to Limit the Opinions and Testim ony of Bobby L. Shull, M.D. is GRANTED in part and DENIED in part; the 42 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 39 Motion to Exclude the Opinions and Testi mony of Russell Dunn, Ph.D. is GRANTED; the 45 Memorandum of Law in Support of Boston Scientific Corporations Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 43 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part and DENIED in part; the 49 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; the 35 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RES ERVED; the 36 Motion to Exclude the Opinions and Testimony of Roger Goldberg, M.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 44 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the 46 Motion to Exclude Testimony of Patrick Culligan, M.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 51 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; and the 50 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/20/2016. (cc: counsel of record; any unrepresented party) (kp)
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Filing
102
MEMORANDUM OPINION AND ORDER (Motions in Limine) The court GRANTS in part and RESERVES in part the defendants 98 Initial Motions in Limine, and GRANTS the plaintiffs 99 Motion in Limine. Signed by Judge Joseph R. Goodwin on 5/19/2016. (cc: counsel of record; any unrepresented party) (ts)
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Filing
97
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) denying 33 MOTION by Boston Scientific Corporation for Partial Summary Judgment on Plaintiffs Marlys Ball and Charles Ball's Punitive Damages Claim and Memorandum in Support. Signed by Judge Joseph R. Goodwin on 4/14/2016. (cc: counsel of record; any unrepresented party) (kp)
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Filing
96
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The 32 Motion by Boston Scientific Corp. for Summary Judgment is GRANTED IN PART with respect to the plaintiffs' claims of strict liability for manufacturing def ect, strict liability for design defect, negligent manufacturing, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose, and DENIED IN PART with respect to the plaintiffs' claims of strict liability for failure to warn, negligent design, negligent failure to warn, and loss of consortium, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 4/12/2016. (cc: counsel of record; any unrepresented party) (ts)
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