Spier v. Coloplast Corp.

MEMORANDUM OPINION

THOMAS A. VARLAN, Chief Judge.

This civil action is before the Court on defendant Coloplast Corporation’s motion to dismiss plaintiffs complaint [Doc. 8]. The complaint asserts four state-law causes of action arising out of the manufacture and sale of the Titan Inflatable Penile Prosthesis (“the Titan Prosthesis”): design defect, failure to warn, and breach of express and implied warranties [Doc. 1-1 p. 3-6]. Defendant contends each of these claims is either expressly preempted by federal law or otherwise inadequately pleaded and must be dismissed pursuant to Federal Rule of…