Legal Opinion
Julia Garcia v. Wyeth-Ayerst Laboratories
Court of Appeals for the Sixth Circuit
Decided October 7, 2004No. 03-1712PublishedCited by 71 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
Plaintiff Julia Garcia appeals the district court order granting summary judgment to Defendant Wyeth-Ayerst Laboratories in this drug product liability case on the basis of a statutory immunity provided in Mich. Comp. Laws § 600:2946(5). Plaintiff argues that the district court erred in failing to declare the statute unconstitutional on the grounds that (1) it has been impliedly preempted by the federal Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 301, et seq., in violation of the Supremacy Clause, (2) it has interfered with her fundamental right of access to the…
2Cases cited18 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Cheek v. United StatesSupreme Court of the United States · 1991
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- Younger v. GilmoreSupreme Court of the United States · 1971
- Gilmore v. LynchDistrict Court, N.D. California · 1970
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3Cited by71 opinions
- Desiano v. Warner-Lambert & Co.Court of Appeals for the Second Circuit · 2006
- City of New York v. Beretta U.S.A. Corp.Court of Appeals for the Second Circuit · 2008
- Rowe v. Hoffman-La Roche, Inc.Supreme Court of New Jersey · 2007
- Eleanor Fulgenzi v. PLIVA, Inc.Court of Appeals for the Sixth Circuit · 2013
- Wimbush Ex Rel. Estate of Buchanan v. WyethCourt of Appeals for the Sixth Circuit · 2010
66 more not listed; retrieve them via the Exa API.