Rosenberg v. C.R. Bard, Inc., 18-4767. (2019)
Court: District Court, E.D. Pennsylvania
Number: infdco20190626e18
Visitors: 5
Filed: Jun. 25, 2019
Latest Update: Jun. 25, 2019
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW, this 25th day of June, 2019, for the reasons stated in the accompanying memorandum on the date hereof, it is hereby ORDERED that Defendant's Motion to File a Reply Brief (ECF No. 16) is GRANTED. It is FURTHER ORDERED that Defendant's Motion to Dismiss (ECF No. 6) is GRANTED as follows: 1. Plaintiff's negligence claim (Count III) is DISMISSED without prejudice with leave to amend. 2. Plaintiff's strict liability claims (C
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW, this 25th day of June, 2019, for the reasons stated in the accompanying memorandum on the date hereof, it is hereby ORDERED that Defendant's Motion to File a Reply Brief (ECF No. 16) is GRANTED. It is FURTHER ORDERED that Defendant's Motion to Dismiss (ECF No. 6) is GRANTED as follows: 1. Plaintiff's negligence claim (Count III) is DISMISSED without prejudice with leave to amend. 2. Plaintiff's strict liability claims (Co..
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ORDER
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 25th day of June, 2019, for the reasons stated in the accompanying memorandum on the date hereof, it is hereby ORDERED that Defendant's Motion to File a Reply Brief (ECF No. 16) is GRANTED. It is FURTHER ORDERED that Defendant's Motion to Dismiss (ECF No. 6) is GRANTED as follows:
1. Plaintiff's negligence claim (Count III) is DISMISSED without prejudice with leave to amend.
2. Plaintiff's strict liability claims (Counts I and II) are DISMISSED with prejudice.
3. Plaintiff's abandoned claims (Counts IV-XIII) are DISMISSED with prejudice.
It is FURTHER ORDERED that Plaintiff may file an amended complaint by July 25, 2019. Defendant may file a responsive pleading by August 8, 2019.
It is FURTHER ORDERED that the following controlling question of law is hereby CERTIFIED to the United States Court of Appeals for the Third Circuit for interlocutory appeal: does Pennsylvania law recognize a strict liability claim for a manufacturing defect of a prescription medical device?
AND IT IS SO ORDERED.
Source: Leagle
