Legal Opinion
Duvall v. Bristol-Myers-Squibb Co.
Court of Appeals for the Fourth Circuit
Decided September 25, 1995No. 94-1520PublishedCited by 17 opinions
1Opinion of the Court
Affirmed in part and reversed and remanded in part by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Judge MICHAEL joined.
OPINION
WILKINS, Circuit Judge:
Eugene Duvall appeals a decision of the district court granting summary judgment to Bristol-Myers Squibb Company (Bristol-Myers) 1 on the basis that Duvall’s claims are preempted by 21 U.S.C.A. § 360k (West Supp.1995), enacted as a part of the Medical Device Amendments of 1976 (MDA) to the Federal Food, Drug, and Cosmetic Act.2 We affirm the district court with respect to the majority of Duvall’s claims.…
2Cases cited26 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
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3Cited by17 opinions
- Daly v. HuntCourt of Appeals for the Fourth Circuit · 1996
- Walker v. Johnson & Johnson Vision Products, IncMichigan Court of Appeals · 1996
- Kernats v. Smith Industries Medical Systems, Inc.Appellate Court of Illinois · 1996
- John M. MARTIN, Sr., Plaintiff-Appellant, v. AMERICAN MEDICAL SYSTEMS, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1997
- 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
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