Legal Opinion
Nina Michael v. Shiley, Inc. Hospital Products Group, Inc., (Formerly Howmedica, Inc.) Pfizer, Inc
Court of Appeals for the Third Circuit
Decided February 7, 1995No. 94-1496PublishedCited by 111 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge:
This appeal requires that we determine how the Medical Devices Amendments of 1976, which amended the Food, Drug and Cosmetic Act of 1938, 21 U.S.C. § 360-360rr, allocates authority between the states and the Food and Drug Administration. To be precise, we must decide whether 21 U.S.C. § 360k pre-empts Nina Michael’s state law causes of action for negligent manufacture and design, strict product liability, breach of the implied warranty of merchantability, breach of an express warranty, and common law fraud against Shiley Inc., the manufacturer of the…
2Cases cited32 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- 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
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
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3Cited by111 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Rivera v. Philip Morris, Inc.Court of Appeals for the Ninth Circuit · 2005
- Alton Bass v. Stryker CorporationCourt of Appeals for the Fifth Circuit · 2012
- Werner v. Plater-ZyberkSuperior Court of Pennsylvania · 2002
- In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829Court of Appeals for the Third Circuit · 1999
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