Legal Opinion
Ministry of Health v. Shiley Inc.
District Court, C.D. California
Decided August 1, 1994No. SACV 93-691-GLT[GJ]PublishedCited by 33 opinions
1Opinion of the Court
TAYLOR, District Judge.
In this defective heart valve case brought by Canadian plaintiffs, the court rejects a consistent line of developing authority, and holds plaintiffs’ claims are not subject to blanket preemption by the Medical Device Amendments of 1976 (21 U.S.C. § 301 et seq.). However, under the Piper rule, the court applies the forum non conveniens doctrine, holding that Canada is the proper trial forum.
I. BACKGROUND
Plaintiffs, the Canadian provinces of Manitoba and Ontario, provide health care insurance for all of their citizens. Eight hundred of their insureds have received the…
2Cases cited38 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
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3Cited by33 opinions
- Charlotte Kennedy and Robert L. Kennedy v. Collagen CorporationCourt of Appeals for the Ninth Circuit · 1995
- Talbott v. C.R. Bard, Inc.District Court, D. Massachusetts · 1994
- Montoya v. Mentor Corp.New Mexico Court of Appeals · 1996
- Barbara Mitchell and Gregory Mitchell v. Collagen CorporationCourt of Appeals for the Seventh Circuit · 1995
- Natlional Asbestos Workers Medical Fund v. Philip Morris, Inc.District Court, E.D. New York · 1999
28 more not listed; retrieve them via the Exa API.