Legal Opinion
Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express, Inc.
Court of Appeals for the Eighth Circuit
Decided May 11, 2006No. 05-3313PublishedCited by 14 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
The Missouri Board of Examiners for Hearing Instrument Specialists (the Board) brought this action against Hearing Health Express (Hearing Express), an Illinois corporation, to enjoin it from selling hearing aids to residents of Missouri without the prior fitting or testing required by state law. Hearing Express argued in response that the Missouri statute was preempted by the Medical Devices Amendment to the Federal Food, Drug and Cosmetic Act and that it violated the dormant Commerce Clause. Both parties moved for summary judgment. The district court granted the…
2Cases cited9 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- CTS Corp. v. Dynamics Corp. of AmericaSupreme Court of the United States · 1987
- New Jersey Guild of Hearing Aid Dispensers v. LongSupreme Court of New Jersey · 1978
- Cliff v. Payco General American Credits, Inc.Court of Appeals for the Eleventh Circuit · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Joyce Johnson v. MFA Petroleum CompanyCourt of Appeals for the Eighth Circuit · 2012
- In Re Medtronic, Inc., Implantable DefibrillatorsDistrict Court, D. Minnesota · 2006
- Jackson v. Pfizer, Inc.District Court, D. Nebraska · 2006
- Robert Daniel Taylor v. Leanne PolhillCourt of Appeals for the Eleventh Circuit · 2020
- METX, LLC v. Wal-Mart Stores Texas, LLCDistrict Court, E.D. Texas · 2014
9 more not listed; retrieve them via the Exa API.