Stark v. Boston Scientific Corporation
| Catherine Stark |
| Boston Scientific Corporation |
| 2:2013cv21637 |
| August 8, 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
105
MEMORANDUM OPINION AND ORDER (Plaintiff's Motion in Limine No. 2) denying 96 MOTION by Catherine Stark in Limine No. 2, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/25/2016. (cc: counsel of record; any unrepresented party) (ts)
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Filing
104
MEMORANDUM OPINION AND ORDER (Daubert Motions) The 100 Memorandum Opinion and Order (Daubert Motions) is VACATED; this Memorandum Opinion and Order provides additional clarity on certain experts as follows: The 44 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 46 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANTED; the 52 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; t he 54 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 55 Motion to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 56 Motion to Exclude t he Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 58 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part and DENIED in part; the 61 Motion to Strike and Exclude the Opinions and Testimony of V ladimir Iakovlev, M.D. is GRANTED; the 49 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part and DENIED in part; and the 57 Motion to Exclude the Opinions and Testimony of William Porter, M.D. is DENIED in part and RESERVED in part. Plaintiff's 47 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; 50 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; and 48 Motion to Exclude the Opinions and Testimony of Lonny Green, 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 5/19/2016. (cc: attys; any unrepresented party) (mek)
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Filing
100
MEMORANDUM OPINION AND ORDER (Daubert Motions) The 44 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 46 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANTED; the 52 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; the 54 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 55 Motion to Exclude th e Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 56 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 58 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part a nd DENIED in part; the 61 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; the 49 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part and DENIED in part; and the [57 ] Motion to Exclude the Opinions and Testimony of William Porter, M.D. is DENIED in part and RESERVED in part. Plaintiff's 47 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; 50 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; and 48 Motion to Exclude the Opinions and Testimony of Lonny Green, 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
99
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) Boston Scientific Corporation's 51 MOTION for Summary Judgment is GRANTED IN PART with respect to the plaintiff's claims of strict liability for manufacturing defect, strict liability for failure to warn, negligent manufacturing, negligent failure to warn, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose, and DE NIED IN PART with respect to the plaintiff's claims of strict liability for design defect and negligent design, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/3/2016. (cc: counsel of record; any unrepresented party) (ts)
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| Plaintiff: Catherine Stark | |
| Represented By: | Alexandra V. Boone |
| Represented By: | Luke Harrison Metzler |
| Represented By: | Les Weisbrod |
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| Defendant: Boston Scientific Corporation | |
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