· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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