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15-830 - CARSON v. ATRIUM MEDICAL CORPORATION et al


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15-830 - CARSON v. ATRIUM MEDICAL CORPORATION et al
June 8, 2016
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MEMORANDUM ORDER. For the reasons stated in the Memorandum filed herewith, Defendants Atrium Medical Corporation, Maquet Cardiovascular US Sales, LLC, Maquet Cardiovascular, LLC, and Maquet Medical Systems USA's Motion to Dismiss (Doc. 17) iBissoon on 6/8/16. (jwr)s GRANTED IN PART and DENIED IN PART. With respect to Plaintiff's claims of negligent failure to warn and negligent misrepresentation, the Motion to Dismiss is DENIED. In every other respect, the Motion to Dismiss is GRANTED. Specifically, the following claims are hereby DISMISSED WITH PREJUDICE: Plaintiff's strict liability claim for failure to warn (Count I), claim for breach of express warranty (Count III), claim for breach of implied warranty (Count IV), and claim for fraud (Count V). Additionally, the following claims are hereby DISMISSED WITHOUT PREJUDICE: Plaintiff's negligence claims for negligent failure to test (Count II), negligent marketing (Count II), and manufacturing defect (Count II). Signed by Judge Cathy