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WILDMAN v. MEDTRONIC, INC.

No. 17-50010.

874 F.3d 862 (2017)

Ray WILDMAN, Clerk Plaintiff-Appellant v. MEDTRONIC, INCORPORATED; Medtronic USA, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 31, 2017.

Attorney(s) appearing for the Case

Jeffrey M. Meyerson , Meyerson Law Firm, P.C., Austin, TX, for Plaintiff-Appellant.

Mark Christopher Fleming, Esq. , David Lehn , WilmerHale, L.L.P., Washington, DC, Gregory John Casas, Esq. , Elizabeth Ross Hadley , Greenberg Traurig, L.L.P., Austin, TX, Lori Gail Cohen , Victoria Davis Lockard, Esq. , Greenberg Traurig, L.L.P., Atlanta, GA, Ginger Pigott, Esq. , Greenberg Traurig, L.L.P., Los Angeles, CA, for Defendants-Appellees.

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

Ray Wildman contends that a Medtronic device implanted in his back to relieve pain did not last as long as the company promised. The result was an infection that required surgery and caused him to miss months of work. Wildman brought suit alleging breach of express warranty under Texas law. If this state-law claim would...

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