Legal Opinion
Joyce A. Moore v. Kimberly-Clark Corporation
Court of Appeals for the Fifth Circuit
Decided April 14, 1989No. 88-4008PublishedCited by 55 opinions
1Opinion of the Court
POLOZOLA, District Judge:
Contending that she contracted toxic shock syndrome (TSS) following her use of tampons manufactured by Kimberly-Clark Corporation (Kimberly-Clark), Joyce G. Moore and her husband filed suit in a Louisiana state court seeking to recover damages under Louisiana law. Kimberly-Clark timely removed the suit to federal court. Thereafter, Kimberly-Clark moved for summary judgment. The district court found all of plaintiff's state law claims were preempted by federal law and granted Kimberly-Clark’s motion for summary judgment. 1
I. Issue on Appeal
The question presented on…
2Cases cited10 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- United States v. ShimerSupreme Court of the United States · 1961
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3Cited by55 opinions
- Ellen Mendes v. Medtronic, Inc.Court of Appeals for the First Circuit · 1994
- Jennifer Stamps v. Collagen CorporationCourt of Appeals for the Fifth Circuit · 1993
- Larsen v. Pacesetter Systems, Inc.Hawaii Supreme Court · 1992
- Albert Slater v. Optical Radiation CorporationCourt of Appeals for the Seventh Circuit · 1992
- Charlotte Kennedy and Robert L. Kennedy v. Collagen CorporationCourt of Appeals for the Ninth Circuit · 1995
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