Legal Opinion
Bryant v. Thoratec Corp.
District Court, S.D. Mississippi
Decided July 30, 2018No. CIVIL ACTION NO. 2:17-CV-169-KS-MTPPublishedCited by 1 opinion
1Opinion of the Court
KEITH STARRETT, UNITED STATES DISTRICT JUDGE
This matter is before the Court on Defendants' Motion to Dismiss [10] and Plaintiffs' Motion for Leave to File Second Amended Complaint [35]. Both parties have filed motions requesting that the Court judicially notice certain facts in ruling on these motions [13] [28]. After considering the submissions of the parties and the applicable law, the Court finds that:
• Defendants' Motion to Dismiss [10] should be granted, as Plaintiffs' claims are either preempted or not adequately pled.
• Defendants' Motion for Judicial Notice [13] should be granted in…
2Cases cited18 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
- Ronald Funk v. Stryker CorporationCourt of Appeals for the Fifth Circuit · 2011
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3Cited by1 opinion
- Webb v. Mentor Worldwide LLCDistrict Court, N.D. New York · 2020