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BERTINI v. SMITH & NEPHEW, INC.

No. 13 Civ. 79(BMC).

8 F.Supp.3d 246 (2014)

Louis BERTINI and Debra Bertini, Plaintiffs, v. SMITH & NEPHEW, INC., Defendant.

United States District Court, E.D. New York.

Filed March 17, 2014.

Attorney(s) appearing for the Case

Eric T. Chaffin , Roopal Premchand Luhana , Steven D. Cohn , Chaffin Luhana LLP, New York, NY, for Plaintiffs.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

This is a diversity products liability action involving a hip replacement system manufactured by defendant. Defendant has moved to dismiss plaintiffs' second amended complaint on the grounds that federal law regulating these devices preempts plaintiffs' state law claims, and that beyond the preemption issue, the pleading is inadequate to state a claim...

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