Judge Refuses to Dismiss Warranty Claims in Spinal Device Action

TRENTON, N.J. - A New Jersey federal judge has refused to dismiss breach of express warranty claims brought in a spinal implant injury action against Globus Medical Inc., ruling that the plaintiff adequately alleged the existence of express warranties. Seavey v. Globus Medical Inc., No. 11-2240 (D. N.J.).

On Jan. 26, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey further ruled that the claims are not subsumed by the New Jersey Products Liability Act because they fall within the act's exception for actions alleging harm caused by breach of an express warranty.

In …