Crawford

Crawford v. Zimmer Biomet Holdings, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 23, 20231:21-cv-00988California7,438 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 LATONIA CRAWFORD, CASE NO. 1:21-CV-0988 AWI CDB

Plaintiff

ORDER ON DEFENDANTS’ MOTION

v. TO DISMISS

ZIMMER BIOMET HOLDINGS, INC., et al., (Doc. Nos. 34, 36) 13 Defendants 14 This is a products liability case brought by Plaintiff Latonia Crawford against Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., and Zimmer Biomet U.S., Inc. (collectively “Zimmer”). In the operative First Amended Complaint (“FAC”), Plaintiff alleges state law claims based on strict products liability, negligence, misrepresentation, and breach of implied and express warranties in connection with a hip replacement. Currently before the Court is Zimmer’s Rule 12(b)(6) motion to dismiss and, in the alternative, Rule 12(f) motion to strike. For the reasons that follow, the motion to dismiss will be granted in part and denied in part, and the motion to strike will be denied. 23 RULE 12(b)(6) FRAMEWORK Under Federal Rule…

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