Legal Opinion
Fellner v. Tri-Union Seafoods, L.L.C.
Court of Appeals for the Third Circuit
Decided August 19, 2008No. 07-1238PublishedCited by 84 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Plaintiff Deborah Fellner filed this lawsuit against defendant Tri-Union Seafoods, LLC (“Tri-Union”) in the Superior Court of New Jersey seeking damages for harm she allegedly sustained as a result of her consumption of methylmercury and other harmful compounds contained in TriUn-ion’s tuna fish products. The case was removed to federal court, and Tri-Union filed a motion to dismiss for failure to state a claim asserting that Fellner’s lawsuit is preempted by regulatory actions of the United States Food and Drug Administration (“FDA”). The District…
2Cases cited31 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Gibbons v. OgdenSupreme Court of the United States · 1824
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3Cited by84 opinions
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- Reid v. Johnson & Johnson & McNeil Nutritionals, LLCCourt of Appeals for the Ninth Circuit · 2015
- Nuveen Municipal Trust Ex Rel. Nuveen High Yield Municipal Bond Fund v. WithumSmith Brown, P.C.Court of Appeals for the Third Circuit · 2012
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