Legal Opinion

McCurdy v. Wright Medical Technology, Inc.

District Court, D. Delaware

Decided February 25, 2020No. 1:19-cv-01898Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES MCCURDY, ) Plaintiff, ) ) V. ) ) Civil Action No. 19-1898-CFC WRIGHT MEDICAL TECHNOLOGY, ) INC., and WRIGHT MEDICAL ) GROUP, INC., ) ) Defendants. ) REPORT AND RECOMMENDATION I. INTRODUCTION Presently before the court in this personal injury action arising from an allegedly defective medical device is a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) and a motion to strike pursuant to Fed. R. Civ. P. 12(f) filed by defendants Wright…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  5. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997

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