Mallory v. Boston Scientific Corporation

Justia Dockets & Filings Fourth Circuit West Virginia Southern District Mallory v. Boston Scientific Corporation

Mallory v. Boston Scientific Corporation

Plaintiff:	Sandra Mallory
Defendant:	Boston Scientific Corporation
Case Number:	2:2017cv02459
Filed:	April 21, 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 30, 2018	Filing 48 MEMORANDUM OPINION AND ORDER (Defendants Motion for Summary Judgment) The 19 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED in part and DENIED in part; BSC's Motion for Summary Judgment is GRANTED with respect to Count III (Strict Liability - Manufacturing Defect); Count V (Breach of Express Warranty); Count VI (Breach of Implied Warranty); and Count VIII (Discovery Rule, Tolling, and Fraudulent Concealment), and these claims are DISMISSED with prejudice; and 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 7/27/2018. (cc: counsel of record; any unrepresented party) (mek)

Date Filed

Document Text

July 30, 2018

Filing 48 MEMORANDUM OPINION AND ORDER (Defendants Motion for Summary Judgment) The 19 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED in part and DENIED in part; BSC's Motion for Summary Judgment is GRANTED with respect to Count III (Strict Liability - Manufacturing Defect); Count V (Breach of Express Warranty); Count VI (Breach of Implied Warranty); and Count VIII (Discovery Rule, Tolling, and Fraudulent Concealment), and these claims are DISMISSED with prejudice; and 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 7/27/2018. (cc: counsel of record; any unrepresented party) (mek)

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Plaintiff: Sandra Mallory
Represented By:	Alexander G. Dwyer
Represented By:	Andrew F. Kirkendall
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Defendant: Boston Scientific Corporation
Represented By:	Jon A. Strongman
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