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Wehner v. Linvatech Corporation

United States District Court, D. Minnesota
Feb 20, 2008
06-CV-1709 (JMR/FLN) (D. Minn. Feb. 20, 2008)

Summary

granting summary judgment to defendant on claims under the UTPA, CFA, and FAA that did not benefit the public

Summary of this case from In re Levaquin Products Liability Litigation

Opinion

06-CV-1709 (JMR/FLN).

February 20, 2008


ORDER


Defendants' object to the Report and Recommendation, issued December 4, 2007, by the Honorable Franklin L. Noel, United States Magistrate Judge. The Magistrate recommended that defendants' motion for partial summary judgment be granted in part and denied in part, and that defendants' Daubert motion be denied.

Based upon a de novo review of the record herein, the Court adopts the Magistrate's Report and Recommendation.

Accordingly, IT IS ORDERED that defendants' motion for partial summary judgment [Docket No. 86] is granted in part and denied in part, as follows:

1. To the extent defendants seek summary judgment on Count VI, the motion is granted.

2. To the extent defendants seek summary judgment on Count V, the motion is granted.

3. To the extent defendants seek summary judgment on the failure to warn claims in Counts 1 and IV, the motion is denied.

4. To the extent defendants seek summary judgment on all claims with respect to Linvatec Corporation, the motion is granted.

5. To the extent defendants seek summary judgment on all claims with respect to ConMed, the motion is denied.

IT IS FURTHER ORDERED that defendants' Daubert motion to exclude portions of Dr. Michael Q. Freehill's testimony [Docket No. 93] is denied.


Summaries of

Wehner v. Linvatech Corporation

United States District Court, D. Minnesota
Feb 20, 2008
06-CV-1709 (JMR/FLN) (D. Minn. Feb. 20, 2008)

granting summary judgment to defendant on claims under the UTPA, CFA, and FAA that did not benefit the public

Summary of this case from In re Levaquin Products Liability Litigation

considering methods of communication other than package inserts for failure to warn claim

Summary of this case from Bonander v. Breg, Inc.
Case details for

Wehner v. Linvatech Corporation

Case Details

Full title:Ryan Wehner v. Linvatech Corporation et al

Court:United States District Court, D. Minnesota

Date published: Feb 20, 2008

Citations

06-CV-1709 (JMR/FLN) (D. Minn. Feb. 20, 2008)

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