Legal Opinion

Farris v. American Medical Systems, Inc.

District Court, S.D. Iowa

Decided August 14, 2015No. Case No. 4:15-cv-00093-SMR-CFBPublishedCited by 1 opinion

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

STEPHANIE M. ROSE, JUDGE UNITED STATES DISTRICT COURT

This removal products liability action stems from an allegation of a defective implant and resulting personal injury. An April 6, 2015, motion to dismiss by American Medical Systems, Inc., (“AMS”) [ECF No. 4] is before the Court. Plaintiffs resisted on April 23, 2015, [ECF No. 9], and AMS replied on April 30, 2015, [ECF No. 10], The parties did not request oral argu*1103ment, and the Court deems one unnecessary. For the reasons outlined below, the motion to dismiss is DENIED.1

I. BACKGROUND

A. Jurisdiction

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by1 opinion

  1. Casey v. Odwalla, Inc.District Court, S.D. Illinois · 2018

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