Legal Opinion
Barbara Mitchell and Gregory Mitchell v. Collagen Corporation
Court of Appeals for the Seventh Circuit
Decided November 22, 1995No. 94-3946PublishedCited by 27 opinions
1Opinion of the Court
RIPPLE, Circuit Judge.
In this case, Barbara and Gregory Mitchell appeal the district court’s decision denying them leave to amend their complaint and dismissing their state law claims on the ground that they were all preempted by the Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360c-3601. For the reasons that follow, although we conclude that some state law claims are not preempted by the MDA, we affirm the judgment of the district court.
I
BACKGROUND
A. Facts
In 1988, Barbara Mitchell received several injections of Zyderm or Zyplast (collectively, “Zyderm”),…
2Cases cited44 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- 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
39 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- John Duda v. Board of Education of Franklin Park Public School District No. 84, John Barry, Dan PietriniCourt of Appeals for the Seventh Circuit · 1998
- Johnson v. DosseyCourt of Appeals for the Seventh Circuit · 2008
- Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants, v. COLLAGEN CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1997
- Worthy v. Collagen Corp.Texas Supreme Court · 1998
- In Re ORTHOPEDIC BONE SCREW PRODUCTS LIABILITY LITIGATION, Plaintiffs Legal Committee, AppellantCourt of Appeals for the Third Circuit · 1998
22 more not listed; retrieve them via the Exa API.