Legal Opinion

Boyer v. Abbott Vascular, Inc.

District Court, N.D. California

Decided June 29, 2023No. 3:23-cv-00838Unknown

1Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REBECCA S BOYER, et al., Case No. 23-cv-00838-AGT Plaintiffs, ORDER ON MOTION TO DISMISS v. Re: Dkt. No. 52 ABBOTT VASCULAR INC., Defendant. Abbott Vascular has moved to dismiss in part Rebecca Boyer’s first amended complaint. For the reasons that follow, the Court will grant the motion with leave to amend. * * * 1. Choice of Law. Based on what Boyer has alleged, the Court concludes that her claims are governed by Virginia law, not California law. Her claims arise from the tragic death of her husband, Roy Boyer, following heart…

2Cases cited7 opinions

  1. McCann v. Foster Wheeler LLCCalifornia Supreme Court · 2010
  2. Karen P. Miller v. United StatesCourt of Appeals for the Fourth Circuit · 1991
  3. Harris v. T.I., Inc.Supreme Court of Virginia · 1992
  4. Hamilton v. Accu-TekDistrict Court, E.D. New York · 1999
  5. Talley v. Danek Medical, Inc.District Court, E.D. Virginia · 1998

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