Legal Opinion
Rash v. Stryker Corp.
District Court, W.D. Virginia
Decided December 17, 2008No. Case 1:08CV00015PublishedCited by 5 opinions
1Opinion of the Court
OPINION AND ORDER
JAMES P. JONES, Chief Judge.
In this products liability action, the defendants have moved to dismiss portions of the Complaint on the grounds that (1) a post-sale duty to warn does not exist under Virginia law and (2) the claims based on fraud has not been pleaded with sufficient particularity. For the reasons set forth below, I will deny dismissal of the post-sale duty to warn claim, but I will dismiss the fraud claims with leave to amend.
I
In his Complaint, the plaintiff alleges that he suffered injuries caused by the use of an ambulatory drug delivery system that is…
2Cases cited12 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
- Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999
- King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
- Melder v. MorrisCourt of Appeals for the Fifth Circuit · 1994
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3Cited by5 opinions
- Russell v. WrightDistrict Court, W.D. Virginia · 2013
- Fleck v. General Motors LLC, 14-CV-8176District Court, S.D. New York · 2016
- Dodson v. C. R. Bard, Inc.District Court, E.D. Virginia · 2020
- Jenks v. NH Motor SpeedwayDistrict Court, D. New Hampshire · 2012
- Sheff v. Jefferds CorporationDistrict Court, W.D. Virginia · 2023