Legal Opinion
Kristiana Burrell v. Bayer Corporation
Court of Appeals for the Fourth Circuit
Decided March 14, 2019No. 17-1715PublishedCited by 124 opinions
1Opinion of the Court
PAMELA HARRIS, Circuit Judge:
Kristiana Tweed Burrell and her husband filed suit against Bayer in connection with a female sterilization device known as Essure, alleging that Burrell suffered a stillbirth and then underwent a hysterectomy due to complications from the device. The Burrells commenced this action in North Carolina state court, seeking damages for violations of North Carolina tort and products liability law.
The issue we confront in this appeal is not the merits of the Burrells' claims, but whether those claims should be heard in state or federal court. According to Bayer, this is…
2Cases cited17 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Gunn v. MintonSupreme Court of the United States · 2013
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
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- Old Dominion Electric v. PJM Interconnection, LLCCourt of Appeals for the Fourth Circuit · 2022
- Peter Vlaming v. West Point School BoardCourt of Appeals for the Fourth Circuit · 2021
- Sharon Bauer v. Marc ElrichCourt of Appeals for the Fourth Circuit · 2021
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