Schoppmann et al v. C. R. Bard, Inc., No. 2:2013cv01032 - Document 248 (S.D.W. Va. 2016)

Court Description: AMENDED MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) The 247 Memorandum Opinion and Order enter 12/7/2016 is amended to correct the case style; the 69 Motion for Partial Summary Judgment is denied. Signed by Judge Joseph R. Goodwin on 12/8/2016. (cc: counsel of record; any unrepresented party) (kp)

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Schoppmann et al v. C. R. Bard, Inc. Doc. 248 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION BROOKE T. SCHOPPMANN, et al. Plaintiffs, v. Civil Action No. 2:13-cv-01032 C.R. BARD, INC., Defendant. AMENDED MEMORANDUM OPINION AND ORDER (Defendant’s Motion for Partial Summary Judgment) The court’s Memorandum Opinion and Order [ECF 247] entered December 7, 2016, is hereby amended to correct the case style. Pending before the court is defendant C. R. Bard’s (“Bard”) Motion for Partial Summary Judgment on Plaintiffs’ Punitive Damages Claim (“Motion for Partial Summary Judgment”) [ECF No. 69]. To obtain summary judgment, “the movant must show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In turn, to avoid summary judgment, the nonmovant must offer some “concrete evidence from which a reasonable juror could return a verdict” in his or her favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). The question of whether a plaintiff is entitled to punitive damages often involves an interlocking web of factual determinations respecting the defendant’s Dockets.Justia.com conduct. A court thus treads cautiously, especially pretrial, when adjudicating a peremptory request to remove the matter entirely from the factfinder’s consideration. The evidentiary record is frequently muddled enough on the point that genuine issues of material fact remain. That is the case here. Consequently, Bard is not, at least at this stage of the case, entitled to judgment as a matter of law on the punitive damages claim. The court will be better equipped to assess, and perhaps resolve, the issue at the stage for Rule 50 motions. For these reasons, the Motion for Partial Summary Judgment [ECF No. 69] is DENIED. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: 2 December 8, 2016

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