Legal Opinion
Slater v. Biomet, Inc.
District Court, N.D. Indiana
Decided March 26, 2017No. Cause No. 3:14-cv-1055 RLM-MGGPublished
1Opinion of the Court
OPINION AND ORDER
Robert L. Miller, Jr., Judge
Kimberly Slater sued Biomet for damages in connection with the alleged failure of her Biomet M2a Magnum hip implant. Biomet moved for summary judgment, arguing that her claims are time-barred based on (1) a proposed date on which all plaintiffs were on constructive notice of potential claims and (2) facts specific to Ms. Slater. I disagree with Biomet’s proposed universal bar date and analysis as to Ms. Slater’s products liability and negligence claims.
I. Standard of Review
Summary judgment is appropriate when the pleadings, discovery materials,…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- Wood v. MilyardSupreme Court of the United States · 2012
- Paul S. Hammel, Cross-Appellee v. Eau Galle Cheese FactoryCourt of Appeals for the Seventh Circuit · 2005
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