S.D. West Virginia· 7/8/2014

Huskey v. Ethicon, Inc.

Citations

29 F. Supp. 3d 736
2014 WL 3362287
2014 U.S. Dist. LEXIS 92315

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

observing that the plaintiffs' \'fraud-based claims' … are simply repackaged failure-to-warn claims.\
finding that a physician who reviewed the IFU but could not recall when they last reviewed it was distinguishable from Lewis v. Johnson & Johnson, wherein the physician testified they did not rely on the IFU
collecting cases finding the learned intermediary doctrine extends to all claims based on a failure to warn, including fraud-based claims
stating “an argument raised for the first time in a reply brief or memorandum will not be considered.”
stating “an argument raised for the first time in a reply brief or memorandum will not be considered.”
awarding judgment to Ethicon on fraud, fraudulent concealment, constructive fraud, negligent misrepresentation, and breach of warranty claims under Illinois law

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodwin

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Cites

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