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FUNK v. STRYKER CORP.

No. 10-20022.

631 F.3d 777 (2011)

Ronald FUNK, Plaintiff-Appellant, v. STRYKER CORPORATION; Stryker Sales Corporation; Howmedica Osteonics Corp., doing business as Stryker Orthopaedics, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Revised January 28, 2011.

Attorney(s) appearing for the Case

Monica Celeste Vaughan (argued), Houssiere, Durant & Houssiere, L.L.P., Houston, TX, for Funk.

Gene Marion Williams (argued), Manuel Lopez, Martin Scott Michelman, Shook, Hardy & Bacon, L.L.P., Houston, TX, for Defendants-Appellees.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this medical device products liability case, Ronald Funk appeals the district court's judgment granting Stryker Corporation's ("Stryker") Rule 12(b)(6) motion to dismiss for failure to state a claim that overcomes a preemption defense. Before us on appeal, the relevant pleadings asserted are Funk's first amended complaint and a proposed second amended complaint, which the court denied leave to file. He did not appeal that order. Thus...

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