Summary Judgment Lessons From Mims V. Wright

Law360, New York (June 11, 2012, 12:50 PM EDT) -- The recent decision in Mims v. Wright Medical Technology Inc. is really neither a win nor a loss. Like Gaul, the decision contains three parts, and we have comments as to each.

Very briefly, the case involves a total hip implant constructed from titanium. After being implanted for over three years, it broke.

Design Defect

The first part of the opinion denied summary judgment on design defect claims. The plaintiff’s expert, as is common in such cases, alleged that instead of being made out of titanium...
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