Legal Opinion
Gibbons v. Bristol-Myers Squibb Co.
Court of Appeals for the Second Circuit
Decided March 26, 2019No. Nos. 17-2638; 17-2642; 17-2643; 17-2648; 17-2661; 17-2667; 17-2677; 17-2687; 17-3765; 17-3867; August Term 2018PublishedCited by 277 opinions
1Opinion of the Court
Richard J. Sullivan, Circuit Judge:
*702Plaintiffs in this multi-district litigation appeal from judgments entered by the United States District Court for the Southern District of New York (Denise L. Cote, J. ) dismissing their products liability claims for injuries allegedly caused by the drug Eliquis (apixaban). Specifically, Plaintiffs assert that the district court (1) incorrectly denied motions to remand forty-four of the sixty-four cases before it, and (2) wrongly concluded that Plaintiffs' state law claims were preempted by the Food, Drug, and Cosmetics Act ("FDCA"). Because, as explained…
2Cases cited26 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Wyeth v. LevineSupreme Court of the United States · 2009
- Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
- John C. Norton v. Sam's Club, Wal-Mart Corp., Wal-Mart Stores, Inc.Court of Appeals for the Second Circuit · 1998
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
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3Cited by277 opinions
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- United States v. ScottCourt of Appeals for the Second Circuit · 2021
- In Re: Calvin LevyCourt of Appeals for the Fifth Circuit · 2022
- M & B Oil, Inc. v. Federated Mutual Insurance CoCourt of Appeals for the Eighth Circuit · 2023
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