No. 21-1144

Tracie Leach, et al. v. Mentor Worldwide, LLC

Lower Court: Ninth Circuit
Docketed: 2022-02-17
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments preemption rule-12(b)(6) state-common-law
Key Terms:
DueProcess
Latest Conference: 2022-06-16 (distributed 2 times)
Question Presented (from Petition)

The question presented is whether preemption
under the Medical Device Amendments to the Food,
Drug, and Cosmetic Act supports Rule 12(b)(6)
dismissal of state common law claims alleging failure
to warn by virtue of inaccurate post-approval, post
sale public reporting of adverse events, and claims
alleging defective manufacture of medical devices.

Question Presented (AI Summary)

Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufacture

Docket Entries

2022-06-21
Rehearing DENIED. Justice Alito took no part in the consideration or decision of this petition.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-05-13
2022-04-18
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2022-03-23
DISTRIBUTED for Conference of 4/14/2022.
2022-03-16
Waiver of right of respondent Mentor Worldwide LLC to respond filed.
2021-09-20
Petition for a writ of certiorari filed. (Response due March 21, 2022)

Attorneys

Mentor Worldwide LLC
Dustin Bradley RawlinNelson Mullins Riley & Scarborough LLP, Respondent
Tracie Leach, et al.
Tracie Leach — Petitioner