Raab et al v. Smith & Nephew, Inc.
| Anna Raab and Terry Raab |
| Smith & Nephew, Inc. |
| 2:2014cv30279 |
| December 18, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| Thomas E. Johnston |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Both |
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Filing
61
MEMORANDUM OPINION AND ORDER granting the 55 MOTION to Compel; Plaintiffs to fully respond, within 14 days of the date of this Order, to Interrogatory Nos. 3 and 10 and Request for the Production of Documents No. 7, contained in Defendant's first set of discovery requests. Signed by Magistrate Judge Cheryl A. Eifert on 5/4/2016. (cc: counsel of record) (taq)
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Filing
35
MEMORDANUM OPINION AND ORDER granting in part and denying in part Defendant's 22 MOTION to Dismiss 21 Amended Complaint; granting as to Plaintiffs first and second claims for relief, Plaintiffs claims are expressly preempted to the extent th ey allege that the BHR System, as approved by the FDA, was defectively designed; granting as to Plaintiffs' third and fourth claims, asserting strict products liability and negligence arising out of the February 17, 2010 revision surgery; granti ng as to Plaintiffs' fifth claim for relief, asserting state law claims for injuries suffered as the result of Defendants Class II device components; granting insofar as Plaintiffs fail to state a claim for breach of the implied warranty of fitness for a particular purpose and breach of express warranties; denying as to all other respects. Signed by Judge Joseph R. Goodwin on 12/15/2015. (cc: counsel of record; any unrepresented party) (tmh)
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