O'CONNELL v. Biomet, Inc.

How courts have described this case

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

• adopting the learned intermediary defense and explaining that this defense applies to a medical device because “it is only available to physicians and obtained by prescription”
• adopting the learned intermediary defense and explaining that this defense applies to a medical device because “it is only available to physicians and obtained by prescription”
• “Arguments never presented to, considered by, or ru led upon by a trial court may not be raised for the first time on appeal.”
• “Arguments never presented to, considered by, or ruled upon by a trial court may not be raised for the first time on appeal.”
• “[W]hen a party fails to assert an argument in the trial court but raises it for the first time on appeal, the assertion is deemed waived.”
• in civil cases, where an argument “was not presented in the trial court ” and is raised as a “new argument for the first time on appeal,” it is 14 unpreserved and will not be addressed absent extraordinary circumstances not present here

Source: CourtListener parenthetical corpus (CC0).