STORY FROM: Drugs & Medical Devices

Plaintiff May File Amended Complaint in DJO Walking Boot Case, Calif. Judge Rules

LOS ANGELES — A California federal judge has dismissed a majority of the claims in a lawsuit targeting DJO Global Inc.’s walking boot, ruling that the plaintiff must identify which boot model he received, and the existence of a transaction between himself and the defendant manufacturer.

In an Oct. 28 order, Judge Barry T. Moskowitz of the U.S. District Court for the Southern District of California further held that the plaintiff needs to plead his fraudulent misrepresentation claims with the requisite specificity. The judge said the plaintiff may file an amended complaint to cure the identified deficiencies.

Daniel Dreifort says ...

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