Legal Opinion
Joseph Mink v. Smith & Nephew, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 26, 2017No. 16-11646PublishedCited by 63 opinions
1Opinion of the Court
MARTIN, Circuit Judge:
Joseph Mink appeals the District Court’s dismissal of his case against Smith & Nephew, Inc. (“S&N”), which brought four claims under Florida law. Mr. Mink’s negligence, product liability, breach of contract, and misrepresentation claims stem from his decision to get S&N’s metal-on-metal hip replacement system and the injuries he says it caused him. This system is a medical device regulated by the Food and Drug Administration (“FDA”). The District Court dismissed Mr. Mink’s claims after finding they were not viable under Florida law and, in any event, were expressly and…
2Cases cited23 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
18 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Walter Shuker v. Smith & Nephew PLCCourt of Appeals for the Third Circuit · 2018
- Dennis Godelia v. Zoll Services, LLCCourt of Appeals for the Eleventh Circuit · 2018
- Lalitha E. Jacob, MD v. Mentor Worldwide, LLCCourt of Appeals for the Eleventh Circuit · 2022
- Mary Beth Mantiply v. Patricia Nelson HorneCourt of Appeals for the Eleventh Circuit · 2017
- Nicole Weber v. Allergan, Inc.Court of Appeals for the Ninth Circuit · 2019
58 more not listed; retrieve them via the Exa API.