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· 3/27/2012

Villanueva v. Franklin County Sheriff's Office

Citations

  • 849 F. Supp. 2d 186
  • 2012 WL 1021659
  • 2012 U.S. Dist. LEXIS 41570

How courts have described this case

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

  • noting that, to state a claim for design defect, a plaintiff must allege that “(1) the product as designed posed a substantial likelihood of harm; (2) it was feasible to design the product in a safer manner; and (3
  • taking judicial notice of “public records contained on the FDA website”
  • \The Amended Complaint fails to allege that ... [the] device was defectively designed. It thus fails to state a claim for breach of implied warranty.\
  • “Plaintiffs suing with regard to a PMA-approved device cannot simply make the conclusory allegation that defendant’s conduct violated FDA regulations.”
  • “New York courts generally consider strict products liability and negligence claims to be functionally synonymous.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ponsor

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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.