§Why CasetextPricing

Wittman et al v. C. R. Bard, Inc. et al

MEMORANDUM OF LAW

15 Cited authorities

  1. Link v. Wabash Railroad Co.

    370 U.S. 626 (1962)   Cited 24,979 times   4 Legal Analyses
    Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

  2. In re Phenylpropanolamine

    460 F.3d 1217 (9th Cir. 2006)   Cited 4,708 times   4 Legal Analyses
    Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice

  3. Freeman v. Wyeth

    764 F.3d 806 (8th Cir. 2014)   Cited 1,728 times

    No. 13–3556. 2014-08-13 Patricia FREEMAN, Plaintiff–Appellant v. WYETH; Wyeth Pharmaceuticals, Inc., Defendants–Appellees. Nicholas I. Timko, argued, New York, N.Y., for Plaintiff–Appellant. Frank Lane Heard, argued, Washington, DC, (Tanya Marie Abrams, Washington, DC, Lyn P. Pruitt, Little Rock, AR, on the brief), for Defendants–Appellees. MELLOY Nicholas I. Timko, argued, New York, N.Y., for Plaintiff–Appellant. Frank Lane Heard, argued, Washington, DC, (Tanya Marie Abrams, Washington, DC, Lyn

  4. In re Guidant Corp.

    496 F.3d 863 (8th Cir. 2007)   Cited 1,453 times   1 Legal Analyses
    Holding that the movant's delay was prejudicial to non-movant where the delay hindered the non-movant's investigation of the case and thereby gave an unfair advantage to the movant

  5. Mut. Federal Sav. Loan v. Richards Assoc

    872 F.2d 88 (4th Cir. 1989)   Cited 2,631 times
    Holding that conduct such as "stalling and ignoring direct orders of the court . . . must obviously be deterred"

  6. Wilson v. Volkswagen of America, Inc.

    561 F.2d 494 (4th Cir. 1977)   Cited 2,639 times
    Holding that the evidence was insufficient to establish a pattern of misconduct to justify sanction of default, although the district court had issued two orders compelling discovery and extended the discovery deadline, and notwithstanding that the plaintiffs had only received incomplete responses to their interrogatories and requests for documents

  7. In re Mirena IUD Products Liability Litigation

    202 F. Supp. 3d 304 (S.D.N.Y. 2016)   Cited 29 times   4 Legal Analyses
    Finding summary judgment for defendants for strict product liability and negligence claims

  8. Lewis v. Johnson

    601 F. App'x 205 (4th Cir. 2015)   Cited 19 times   1 Legal Analyses
    Affirming a grant of summary judgment because the plaintiff "presented no evidence that [her physician] relied on the warning in Ethicon's patient brochure in deciding to prescribe the TVT"

  9. Nelson v. Biogen IDEC, Inc.

    Civil Action No. 12-7317 (JMV) (MF) (D.N.J. Apr. 25, 2018)   Cited 2 times   1 Legal Analyses

    Civil Action No. 12-7317 (JMV) (MF) 04-25-2018 ANDREW NELSON, Plaintiff, v. BIOGEN IDEC, INC. and ELAN PHARMACEUTICALS, LLC, Defendants. John Michael Vazquez, U.S.D.J. Not for Publication OPINON John Michael Vazquez , U.S.D.J. This matter is a prescription drug product liability action. Currently pending before the Court are two motions by Defendants Biogen Idec, Inc., and Elan Pharmaceuticals, LLC: one for summary judgment, D.E. 154, and one to exclude expert testimony, D.E. 155. The product at

  10. Grobelny v. Baxter Healthcare Corp.

    341 F. App'x 803 (3d Cir. 2009)   Cited 8 times
    Affirming the district court's grant of summary judgment on a failure to warn claim based on the prescribing physician's testimony at deposition that he was aware of the risks of the drug and prescribed the drug to plaintiff notwithstanding these risks

  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 113,740 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 47,601 times   331 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,644 times   51 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"