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· 1/25/2011

Ronald Funk v. Stryker Corporation

Citations

  • 631 F.3d 777
  • 78 Fed. R. Serv. 3d 837
  • 2011 U.S. App. LEXIS 1465
  • 2011 WL 207961

How courts have described this case

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

  • holding that plaintiff may not rely on res ipsa loquitur to make manufacturing defect claim
  • holding that in deciding 12(b)(6) motion, district court could take judicial notice of FDA’s records concerning the approval process for the subject medical device.
  • holding that the plaintiff failed to state a manufacturing defect claim because the complaint “d[id] not specify the manufacturing defect,” notwithstanding the plaintiff’s invocation of the res ipsa loquitor doctrine
  • holding that the court could take judicial notice of a relevant FDA publication
  • holding that the court could take judicial notice of a relevant FDA publication
  • holding that, in resolving a Rule 12(b)(6) motion, a district court can take “appropriate judicial notice of publicly-available documents and transcripts . . . , which were matters of public record directly relevant to the issue at hand”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Demoss, Dennis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.