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DALEY v. SMITH & NEPHEW INC.

Case No. 17-CV-1315-JPS.

321 F.Supp.3d 891 (2018)

Guy D. DALEY, Starlynn Daley, Dana Heal, Sharon Heal, and Robert Nielsen, Plaintiffs, and Medicare, Wisconsin Pipe Trades Health Fund, United Health Care Continental, and WEA Trust, Involuntary Plaintiffs, v. SMITH & NEPHEW INC., Maxx Health Inc., Maxx Orthopedics Inc., MiPro US Inc., Plus Orthopaedics LLC, DiSanto Technology Inc., and John Doe Corporations 1-50, Defendants.

United States District Court, E.D. Wisconsin.

Signed June 21, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Product Liability
Nature of Suit: 367 Personal Injury: Health Care / Pharmaceutical Personal Injury Product Liability
Source: PACER

Attorney(s) appearing for the Case

George E. McLaughlin, Thomas R. Leemon, Warshauer McLaughlin Law Group PC, Denver, CO, Patrick K. Fannin, Fannin Litigation Group PS, Spokane, WA, for Plaintiffs.

Lisa T. Warwick, United States Department of Justice, Office of the US Attorney, Milwaukee, WI, for Involuntary Plaintiffs.

J. Ryan Maloney, James T. Murray, Jr., Peterson Johnson & Murray SC, Tomislav Z. Kuzmanovic, Hinshaw & Culbertson LLP, Milwaukee, WI, Jennifer L. Bullard, Bowman and Brooke LLP, Minneapolis, MN, for Defendants.

ORDER

Plaintiffs bring this action under the Court's diversity jurisdiction to recover for injuries sustained as a result of failed hip replacement implants. All of their claims are premised on Wisconsin statute or common law. (Docket # 36). Presently before the Court is a motion to dismiss by Defendant...

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