Legal Opinion

Weston v. KIM'S DOLLAR STORE

Court of Appeals of South Carolina

Decided July 15, 2009No. 4592PublishedCited by 4 opinions

1Opinion of the Court

CURETON, A. J.

Monica Weston appeals the circuit court’s grant of summary judgment and dismissal of Counts II, V, and VI of her tort action against CIBA Vision (CIBA). On appeal, she argues the circuit court erred in granting summary judgment because (1) the circuit court lacked jurisdiction to determine whether the contact lenses at issue were federally regulated medical devices, (2) a genuine issue of material fact existed, and (3) there was neither a showing nor a finding that any South Carolina law conflicted with federal law. In addition, Weston argues the circuit court erred in refusing…

2Cases cited22 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  5. Wyeth v. LevineSupreme Court of the United States · 2009

17 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Weston v. Kim's Dollar StoreSupreme Court of South Carolina · 2012
  2. Barber v. BarberCourt of Appeals of South Carolina · 2013
  3. Eggleston v. United Parcel Service, IncCourt of Appeals of South Carolina · 2019
  4. Red Bluff Trade Center, LLC v. Horry CountyDistrict Court, D. South Carolina · 2020

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