Legal Opinion

Lindsay v. Cutter Laboratories, Inc.

District Court, W.D. Wisconsin

Decided April 22, 1982No. 78-C-511PublishedCited by 4 opinions

1Opinion of the Court

ORDER

CRABB, Chief Judge.

This is a products liability action brought against the manufacturer of an allegedly defective prosthetic aortic valve which was implanted in plaintiff’s heart. Plaintiff proceeds against defendant on three alternative theories of liability: negligence,

breach of warranty, and strict liability in tort. Jurisdiction is based upon diversity of citizenship. 28 U.S.C. § 1332.

Presently before the court is plaintiff’s motion for partial summary judgment; plaintiff asks the court to enter judgment against defendant on the issue of liability and to order a trial limited to…

2Cases cited25 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Hanna v. PlumerSupreme Court of the United States · 1965
  5. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971

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3Cited by4 opinions

  1. Harper v. Delaware Valley Broadcasters, Inc.District Court, D. Delaware · 1990
  2. Wisconsin Department of Industry, Labor & Human Relations v. Ludwig (In Re Napco Graphic Arts, Inc.)United States Bankruptcy Court, E.D. Wisconsin · 1985
  3. Albanese v. Emerson Electric Co.District Court, D. Delaware · 1982
  4. Strietmatter v. Procter & Gamble Co.District Court, D. New Mexico · 1983

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