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Tammy Hendricks, et al. v. Boston Scientific Corporation

Case Number: 
2:12-cv-08633

Memorandum Opinion and Order
(Defendant's Motion for Partial Summary Judgment on Plaintiffs' Punitive Damages Claims and Plaintiff's Motion for Leave to Amend Complaint)

Pending before the court are (1) Boston Scientific Corporation’s (“BSC”) Motion for Partial Summary Judgment on Plaintiffs’ Punitive Damages Claims [Docket 263];1 and (2) plaintiff Chris Rene Wilson’s Motion for Leave to Amend the Complaint [Docket 167]. For the reasons below, I FIND that West Virginia law, not Massachusetts law, applies to plaintiffs’ punitive damages claims and that there are genuine disputes of material fact over whether punitive damages are appropriate. Accordingly, I DENY BSC’s Motion for Partial Summary Judgment on Plaintiffs’ Punitive Damages Claims. Because I conclude West Virginia punitive damages law applies here and Ms. Wilson concedes her motion is moot if this is so, I DENY plaintiff Chris Rene Wilson’s Motion for Leave to Amend the Complaint.

Date: 
Thursday, October 9, 2014