Legal Opinion
Watkins v. OMNI LIFE SCIENCE, INC.
District Court, D. Massachusetts
Decided March 9, 2010No. Civil Action 09-10857-RGSPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS
STEARNS, District Judge.
Plaintiffs Otis Watkins and McKinlee Pruett are recipients of the Apex Model Replacement Hip (Apex Hip), designed, marketed, and sold by defendant Omni Life Science, Inc. (Omni), the successor to Apex Surgical, LLC (Apex). Although neither plaintiff alleges an Apex Hip malfunction, they claim that the relatively high rate of failure of the Apex Hip places them and members of the proposed .class at serious risk of future harm. 1 The failure rate is also alleged to have diminished the market value of their hip implants…
2Cases cited31 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
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
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3Cited by14 opinions
- Blake v. Professional Coin Grading ServiceDistrict Court, D. Massachusetts · 2012
- Geshke v. Crocs, Inc.District Court, D. Massachusetts · 2012
- Rick v. Profit Management Associates, Inc.District Court, D. Massachusetts · 2017
- Depianti v. Jan-Pro Franchising International, Inc.District Court, D. Massachusetts · 2014
- Burleigh v. Alfa Laval, Inc.District Court, District of Columbia · 2018
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