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Personal Inj. Prod. Liability | New York Southern
Stipulation and Order
STIPULATION TO DISMISS CERTAIN CAUSES OF ACTION: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, through their respective counsel, that Plaintiffs' causes of action for Negligence Per Se (Count II); Breach of Express Warranty (Count VI); Breach of Warranty as to Merchantability (Count VII); Breach of Implied Warranties (Count VIII); Violation of Consumer Protection Laws (Count IX), Negligent Misrepresentation (Count X); Fraudulent Concealment (Count XI); and Unjust Enrichment (Count XII) shall be dismissed with prejudice with each party to bear its own attorney fees and costs. The remaining causes of action in the Short Form Complaint are: Negligence (Count I);Strict Products Liability - Defective Design (Count III); Strict Products Liability - ManufacturingDefect (Count IV); and Strict Products Liability - Failure to Warn (Count V). For the sake ofclarity, this Stipulation does not dismiss Plaintiffs' request for punitive damages for theirremaining claims. By agreeing to this Stipulation, Plaintiffs are not waiving their right to pursuethese remaining causes of action as well as punitive damages against Zimmer. The Clerk of Court is directed to docket this endorsement in 18-MD-2859 and 18-CV-10188. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/2/2026) Filed In Associated Cases: 1:18-md-02859-JMF, 1:18-cv-10188-JMF (jjc)
Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Zimmer Biomet Holdings, Inc, Zimmer Production Inc., Zimmer US Inc...(Meyer, Peter)
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