Legal Opinion
Cutter v. Biomet, Inc.
District Court, N.D. Indiana
Decided March 26, 2017No. Cause No. 3:15-cv-434 RLM-MGGPublished
1Opinion of the Court
OPINION AND ORDER
Robert L. Miller, Jr., District Judge
Abigail Cutter 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.' Cutter. I disagree with Biomet’s proposed universal bar date and analysis as to Ms. Cutter’s products liability, negligence, and Consumer Protection Act claims.
I. Standard op Review
Summary judgment is appropriate when the…
2Cases cited21 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
- Paul S. Hammel, Cross-Appellee v. Eau Galle Cheese FactoryCourt of Appeals for the Seventh Circuit · 2005
- Rice v. Dow Chemical Co.Washington Supreme Court · 1994
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