Legal Opinion

Gowin v. Smith & Nephew, Inc.

District Court, D. Maryland

Decided August 14, 2019No. 1:17-cv-00949Unknown

1Opinion

. IN. THE UNITED STATES DISTRICT COURT wo FOR THE DISTRICT OF MARYLAND *{5*" IN RE: SMITH & NEPHEW BIRMINGHAM * MDL No. 2775 HIP RESURFACING (BHR) HIP Master Docket No. 1:17-md-2775 IMPLANT PRODUCTS LIABILITY LITIGATION * JUDGE CATHERINE C. BLAKE * THIS DOCUMENT RELATES TO ALL THA TRACK CASES * MEMORANDUM Pending before the court is Smith & Nephew’s motion to dismiss claims in the THA track. The motion boils down to one core dispute: how does the express preemption ‘provision of the Medical Device Amendments of 1976 (the “MDA”) apply to hybrid systems that are comprised of both…

2Cases cited31 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  4. Francis v. GiacomelliCourt of Appeals for the Fourth Circuit · 2009
  5. Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999

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