Legal Opinion

Raab v. Smith & Nephew, Inc.

District Court, S.D. West Virginia

Decided December 15, 2015No. CIVIL ACTION NO. 2:14-cv-30279PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, UNITED STATES DISTRICT JUDGE

' Pending before the Court is Defendant’s Motion to Dismiss the Amended Complaint (the “Motion to Dismiss”)..-(ECF No. 22.) For the reasons discussed herein,- the Motion to Dismiss is GRANTED IN PART, and DENIED IN PART.

I. Background

In early 2010, Plaintiff Anna Raab underwent two hip surgeries at St. Francis Hospital in Charleston, West Virginia, pursuant to which she was 'implanted with medical' device components developed and manufactured by the defendant, Smith & Nephew, Inc. This is a lawsuit seeking redress,…

2Cases cited54 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by11 opinions

  1. Knight v. Boehringer Ingelheim Pharm., Inc.United States District Court · 2018
  2. Brumfield v. Medtronic, Inc.District Court, S.D. West Virginia · 2021
  3. Cunningham Energy, LLC v. Vesta O & G Holdings, LLCDistrict Court, S.D. West Virginia · 2022
  4. Drennen v. Olympus America, Inc.District Court, S.D. West Virginia · 2022
  5. Franks v. The Cooper Companies. Inc.District Court, D. Rhode Island · 2024

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