Searching Content indexed under Product Liability & Safety by Andrew Tauber ordered by Published Date Descending.
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Fourth Circuit Rules That Federal Law Preempts State-Law Claims Arising From Alleged Malfunction Of Medical Device That Complied With FDA Requirements
In Walker v. Medtronic, Inc., No. 10-2219, ___F.3d___ (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had received premarket approval from the Food and Drug Administration and had complied with all requirements imposed by the agency.
United States
7 Feb 2012
Supreme Court Decision Alert - June 16, 2011
The federal Anti-Injunction Act generally bars federal courts from enjoining proceedings in state court. 28 U.S.C. § 2283. One exception to that prohibition, commonly known as the "relitigation exception," permits a federal court to enjoin state court litigation "to protect or effectuate [the federal court’s] judgments."
United States
20 Jun 2011
Supreme Court Docket Report - June 14, 2010
Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 provide that a business may be held liable for failure to disclose any material fact in connection with the purchase or sale of its securities.
United States
15 Jun 2010
Supreme Court Grants Certiorari in National Childhood Vaccine Injury Act Case
The National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") , 42 U.S.C. §§ 300aa-1 "et seq.", expressly preempts state-law claims against vaccine manufacturers if the injury or death giving rise to such a claim "resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning."
United States
18 Mar 2010
Supreme Court Docket Report - Decision Alert - March 4, 2008
Under the Federal Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 301 et seq., a manufacturer must receive the approval of the Food and Drug Administration (FDA) before marketing a new drug. See 21 U.S.C. § 355(b).
United States
6 Mar 2009
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