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SADLER v. ADVANCED BIONICS, INC.

Civil Action No. 3:11-CV-00450-H.

929 F.Supp.2d 670 (2013)

Brian and Michelle SADLER, Individually and on behalf of their Minor child, B.S., Plaintiffs v. ADVANCED BIONICS, INC., Defendant.

United States District Court, W.D. Kentucky, at Louisville.

March 8, 2013.

Attorney(s) appearing for the Case

Edwin E. Wallis, III , Kevin M. McCormack , Tim Edwards , Glassman, Edwards, Wyatt, Tuttle & Cox, PC, Memphis, TN, Ronald E. Johnson, Jr. , Schachter & Hendy, PSC, Ft. Wright, KY, for Plaintiffs.

Kara J. Rosenthal , Michael L. O'Donnell , Sean G. Saxon , Wheeler Trigg O'Donnell LLP, Denver, CO, Kathryn T. Martin , Frost Brown Todd LLC, Lexington, KY, W. Kennedy Simpson , Thompson Miller & Simpson PLC, Louisville, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN, II, District Judge.

Breanna Sadler and her parents Michelle and Brian Sadler (collectively, "Plaintiffs") bring this action to recover for injuries Breanna incurred as a result of the malfunctioning of her cochlear implant against Advanced Bionics, the manufacturer of the device. Advanced Bionics now moves for summary judgment of most of Plaintiffs' claims on preemption grounds. Many district and circuit courts...

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