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Waltman v. Boston Scientific Corp., 2:12-cv-691. (2016)

Court: District Court, S.D. West Virginia Number: infdco20160415e11 Visitors: 7
Filed: Apr. 14, 2016
Latest Update: Apr. 14, 2016
Summary: MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) JOSEPH R. GOODWIN , District Judge . Boston Scientific asks the court to dismiss punitive damages claims. Mot. Partial Summ. J. [ECF No. 61]. Summary judgment cannot be granted if genuine disputes of material fact remain on the matter to be adjudicated. Fed. R. Civ. P. 56(a). Summary judgment on punitive damages is rare because the issue involves a web of factual determinations and evidentiary records are usu
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MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment)

Boston Scientific asks the court to dismiss punitive damages claims. Mot. Partial Summ. J. [ECF No. 61]. Summary judgment cannot be granted if genuine disputes of material fact remain on the matter to be adjudicated. Fed. R. Civ. P. 56(a). Summary judgment on punitive damages is rare because the issue involves a web of factual determinations and evidentiary records are usually muddled enough that factual disputes remain. These concerns are present in this case, so summary judgment on punitive damages is not warranted. The court DENIES the Motion for Partial Summary Judgment [ECF No. 61] and DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

Source:  Leagle

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