Free Supreme Court of Indiana case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Supreme Court of Indiana June 15, 2020 |
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Supreme Court of Indiana Opinions | Bayer Corp. v. Leach | Docket: 20S-CT-354 Opinion Date: June 12, 2020 Judge: Per Curiam Areas of Law: Products Liability | The Supreme Court remanded this case to the court of appeals to consider the viability of each of Plaintiffs' claims presented in the pleadings, holding that the court of appeals improperly failed to address the viability of each claim. Plaintiffs, thirty-six women, filed a product liability suit against Bayer Corporation and some related entities (collectively, Bayer), alleging that Bayer violated Indiana's Product Liability act and other state and federal laws in relation to a medical device that Bayer manufactured. Bayer moved for judgment on the pleadings under Indiana Rule of Trial Procedure 12(C). The trial court denied the motion, and the court of appeals affirmed. The court of appeals, however, addressed only the legal viability of one claim rather than all of Plaintiffs' claims. The Supreme Court remanded the case to the court of appeals to consider the viability of each of Plaintiffs' claims, holding that the court was required to address the viability of each claim presented under Rule 12(C). | |
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