medical-device-preemption

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-5094 Anita Laux v. Mentor Worldwide, LLC Ninth Circuit 2020-07-16 Denied Response WaivedRelisted (2)IFP cgmps circuit-split current-good-manufacturing-practices federal-requirements food-drug-cosmetic-act medical-device medical-device-preemption parallel-claims preemption state-law-claims twombly-iqbal (1) Whether state-law claims against a medical device manufacturer, based on duties that parallel federal requirements, preempted by the Medical Devic…
19-1276 Michael B. White, Individually and as Personal Representative of the Estate of Darla K. White, Deceased v. Medtronic, Inc., et al. Sixth Circuit 2020-05-12 Denied 21-usc-360 adulteration buckman diversity-of-jurisdiction fda-regulations medical-device-preemption off-label off-label-use pleading pleading-standard private-causes-of-action riegel state-court-jurisdiction summary-disposition 1. Adulterated products are not a medical device, no preemption for FDA violations. 2. A doctor could not develop well-informed off-label use opinion…