Allen v. Boston Scientific Corporation

Allen v. Boston Scientific Corporation

Plaintiff:	Kimberly Allen
Defendant:	Boston Scientific Corporation
Case Number:	2:2017cv01837
Filed:	March 13, 2017
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	XX US, Outside State
Presiding Judge:	Joseph R. Goodwin
Nature of Suit:	Personal Injury- Product Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 26, 2018	Filing 51 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The 27 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED with respect to Count III (Strict Liability - Manufacturing Defect); Count V (Breach of Expre ss Warranty); Count VI (Breach of Implied Warranty); and Count VIII (Discovery Rule, Tolling, and Fraudulent Concealment), and these claims are DISMISSED with prejudice; the Motion is DENIED with respect to Count I (Negligence), Count II (Strict Liability - Design Defect), Count IV (Strict Liability - Failure to Warn), and Count IX (Punitive Damages). Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: counsel of record; any unrepresented party) (kp)

Date Filed

Document Text

July 26, 2018

Filing 51 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The 27 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED with respect to Count III (Strict Liability - Manufacturing Defect); Count V (Breach of Expre ss Warranty); Count VI (Breach of Implied Warranty); and Count VIII (Discovery Rule, Tolling, and Fraudulent Concealment), and these claims are DISMISSED with prejudice; the Motion is DENIED with respect to Count I (Negligence), Count II (Strict Liability - Design Defect), Count IV (Strict Liability - Failure to Warn), and Count IX (Punitive Damages). Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: counsel of record; any unrepresented party) (kp)

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Plaintiff: Kimberly Allen
Represented By:	Thomas P. Cartmell
Represented By:	Jeffrey M. Kuntz
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Defendant: Boston Scientific Corporation
Represented By:	Jon A. Strongman
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