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SHEARS v. ETHICON, INC.

No. 22-1399.

109 F.4th 235 (2024)

Judith A. SHEARS; Gary F. Shears, Jr., Plaintiffs-Appellants, v. ETHICON, INC.; Johnson & Johnson, Defendants-Appellees, and Ethicon, L.L.C., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 22, 2024.

Attorney(s) appearing for the Case

ARGUED: Jason Patrick Foster, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellants. Amy M. Pepke, BUTLER SNOW LLP, Memphis, Tennessee, for Appellees. ON BRIEF: Scott S. Segal, Robin Jean Davis, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellants. Natalie Rose Atkinson, THOMAS COMBS & SPANN, PLLC, Charleston, West Virginia, for Appellees.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Agee and Judge Heytens joined.

In this "pelvic mesh" products liability action on appeal from the Northern District of West Virginia, the federal trial court entered judgment against the plaintiffs following a March 2022 jury trial. Pursuant to an Order of Certification of April 2023, we certified a question of law to the Supreme Court of Appeals of West...

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