Legal Opinion
Bausch v. Stryker Corp.
Court of Appeals for the Seventh Circuit
Decided December 23, 2010No. 09-3434PublishedCited by 384 opinions
1Opinion of the Court
HAMILTON, Circuit Judge.
This diversity jurisdiction case presents issues concerning federal preemption and sufficient pleading of a plaintiffs claim that she has been injured by a medical device — a hip replacement — allegedly manufactured in violation of federal law. Plaintiff Margaret J. Bausch appeals the district court’s dismissal of her case against defendants Stryker Corporation, HOC, and Stryker Ireland, Ltd. (collectively “Stryker”), who have manufactured, distributed, and sold the Trident-brand ceramic-on-ceramic hip replacement system (“the Trident”) in the United States since 2003.…
2Cases cited40 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Foman v. DavisSupreme Court of the United States · 1962
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Gomez v. ToledoSupreme Court of the United States · 1980
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3Cited by384 opinions
- Tara Luevano v. Walmart Stores, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
- Mhammad Abu-Shawish v. United StatesCourt of Appeals for the Seventh Circuit · 2018
- Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater ChicagoCourt of Appeals for the Seventh Circuit · 2015
- Kendale L. Adams v. City of IndianapolisCourt of Appeals for the Seventh Circuit · 2014
- Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
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