Legal Opinion
Mears v. Marshall
Court of Appeals of Oregon
Decided January 3, 1996No. 9307-04839; CA A85078PublishedCited by 7 opinions
1Opinion of the CourtLeeson, J.
Plaintiff moves for reconsideration of our decision in Mears v. Marshall, 137 Or App 390, 905 P2d 1154 (1995), in which we held that plaintiffs common law and tort claims against the manufacturer of a medical device were preempted by the Medical Device Amendments (MDA) of 1976 to the Food, Drug and Cosmetics Act, 21USC § 301 et seq. We allow reconsideration but deny plaintiffs request for rehearing in banc and adhere to our opinion.
On October 19, 1995, plaintiff submitted a memorandum of supplemental authorities to inform us that on October 17, 1995, the Ninth Circuit Court of Appeals had…
2Cases cited7 opinions
- Charlotte Kennedy and Robert L. Kennedy v. Collagen CorporationCourt of Appeals for the Ninth Circuit · 1995
- Beason v. HarcleroadCourt of Appeals of Oregon · 1991
- 28 Ucc rep.serv.2d 531, prod.liab.rep. (Cch) P 14,411 Ada M. Martin Harold L. Martin v. Telectronics Pacing Systems, Inc.Court of Appeals for the Sixth Circuit · 1995
- prod.liab.rep. (Cch) P 14,123 Consuelo Anguiano Mariano Anguiano, Husband and Wife Catherine Baker Billy Baker, Husband and Wife Joyce Barton, Individually Inga Beavers Joseph Beavers, Husband and Wife v. E.I. Du Pont De Nemours & Company, Inc., a Delaware Corporation Jack Kent Jane Doe Kent, Husband and Wife Theodore Kiersch Jane Doe Kiersch, Husband and Wife Edward Schneider Jane Doe Schneider, Husband and Wife, Patricia Christiansen v. E.I. Du Pont De Nemours & Co., Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1995
- Blankenship v. Union Pacific Railroad Co.Court of Appeals of Oregon · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Worthy v. Collagen Corp.Texas Supreme Court · 1998
- Green v. DolskySupreme Court of Pennsylvania · 1996
- Mears v. MarshallCourt of Appeals of Oregon · 1997
- State v. WaymanCourt of Appeals of Oregon · 2025
- STATE, DEPT. HUMAN RES. AFSD v. Northland Ins. Co.Court of Appeals of Oregon · 1996
2 more not listed; retrieve them via the Exa API.