Legal Opinion
Ilarraza v. Medtronic, Inc.
District Court, E.D. New York
Decided December 28, 2009No. CV 09-3264PublishedCited by 35 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEXLER, District Judge.
This is a personal injury action brought by Plaintiff Hector Ilarraza (“Plaintiff’) for injuries allegedly sustained as result of a defectively manufactured medical device. Presently before the court is the motion of Defendant Medtronic, Inc. (“Medtronic”) to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion is granted.
BACKGROUND
I. Factual Allegations of the Complaint
The allegations of the complaint, accepted as true in the context of this motion to dismiss, follow.
In 1998,…
2Cases cited11 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
- In Re Medtronic, Inc. Sprint Fidelis Leads Products Liability LitigationDistrict Court, D. Minnesota · 2009
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Bausch v. Stryker Corp.Court of Appeals for the Seventh Circuit · 2010
- Wolicki-Gables v. Arrow International, Inc.Court of Appeals for the Eleventh Circuit · 2011
- Howard v. Zimmer, Inc.Supreme Court of Oklahoma · 2013
- Gelber v. Stryker Corp.District Court, S.D. New York · 2011
- Rosen v. St. Jude Medical, Inc.District Court, N.D. New York · 2014
30 more not listed; retrieve them via the Exa API.