Legal Opinion
Brett Strong Lauri Strong v. Telectronics Pacing Systems, Inc. Thomas S. Martin
Court of Appeals for the Sixth Circuit
Decided April 18, 1996No. 94-2213PublishedCited by 72 opinions
1Opinion of the CourtKennedy, J., joined by Gilmore, District Judge,
SUHRHEINRICH, J. (p. 261), delivered a separate dissenting opinion.
KENNEDY, Circuit Judge.
Plaintiffs appeal a decision of the District Court denying their motion to remand a claim of negligent manufacture of a heart pacemaker to state court and dismissing the claim as preempted by federal law. For the following reasons we REVERSE.
I
On December 10,1993, plaintiffs Brett and Lauri Strong, filed a four count complaint in Kent County Circuit Court (Michigan) seeking damages resulting from the malfunctioning of a pacemaker, manufactured by defendant, that had been implanted in tne chest of Brett…
2Cases cited12 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Avco Corp. v. Aero Lodge No. 735, International Ass'n of MacHinists & Aerospace WorkersSupreme Court of the United States · 1968
- Robert Warner v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1995
- Bernadette Aaron v. National Union Fire Insurance Company of Pittsburg, Pennsylvania, Intervenor-Appellant v. American Home Insurance Group, and Lake Charles Stevedores, Inc.Court of Appeals for the Fifth Circuit · 1989
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3Cited by72 opinions
- Musson Theatrical, Inc., and Modernage Photo Service, Inc., for Themselves and All Others Similarly Situated v. Federal Express CorporationCourt of Appeals for the Sixth Circuit · 1998
- Graham A. Peters v. The Lincoln Electric CompanyCourt of Appeals for the Sixth Circuit · 2002
- Mikulski v. Centerior Energy Corp.Court of Appeals for the Sixth Circuit · 2007
- Joyce Johnson v. MFA Petroleum CompanyCourt of Appeals for the Eighth Circuit · 2012
- Firoozye v. Earthlink NetworkDistrict Court, N.D. California · 2001
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