Ronald Funk v. Stryker Corporation

E. GRADY JOLLY, Circuit Judge:

In this medical device products liability-case, Ronald Funk appeals the district court’s judgment granting Stryker Corporation’s (“Stryker”) Rule 12(b)(6) motion to dismiss for failure to state a claim that overcomes a preemption defense. Before us on appeal, the relevant pleadings asserted are Funk’s first amended complaint and a proposed second amended complaint, which the court denied leave to file. He did not appeal that order. Thus the only complaint before us is Funk’s first amended complaint. Based upon the issues over which we have appellate jurisdiction,…