United States Fifth Circuit

Judgment as a matter of law under Rule 50(a) of the Federal Rules of Civil Procedure for defendants in a product liability case arising from the use of an allegedly defective medical device is reversed where the district court erred in its findings regarding evidence of a defect and in granting Rule 50 motion on the basis of insufficient evidence as to causation.

Appellate Information

• Decided 03/14/2006
• Published 03/15/2006

Judges

• ROSENTHAL, District Judge:, Before KING and DAVIS, Circuit Judges, and ROSENTHAL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Marie Riccio Wisner (argued), New Orleans, LA, Samuel A. Abady, Law Office of Samuel A. Abady & Associates, New York City, for Plaintiffs-Appellants.


• For Appellees:
  
• Edward F. Fox (argued), Bassford Remele, Minneapolis, MN, Jerry L. Saporito, Jennifer Carmichael Babin, Saporito & Sledge, New Orleans, LA, J. Aron Allen, St. Jude Medical, Cardiology Div., Minnetonka, MN, for Defendants-Appellees.