Judge Dismisses Warranty Claims But Allows Profemur Hip Suit to Proceed Against Wright Technology
February 10, 2014
DOCUMENTS
- Order
ST. LOUIS – A federal judge has denied a motion by Wright Medical Technology Inc. and affiliates to dismiss a suit alleging defects in a Wright Profemur hip device, but found that some causes of action brought by an Illinois couple are either preempted or unsupported.
U.S. District Judge Carol E. Jackson's Jan. 29 order also rejected Wright's request for sanctions for plaintiffs' failure to voluntarily omit previously challenged claims from an amended complaint. The motion failed on procedural grounds and the court would not act on its own initiative as allowed under Rule 11(b)of the Federal Rules of Civil …
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