Legal Opinion
Bailey v. Johnson
Court of Appeals for the Sixth Circuit
Decided March 6, 1995No. 93-6343PublishedCited by 20 opinions
1Opinion of the Court
ENGEL, Circuit Judge.
This ease squarely presents a question which this circuit has in the past left undecided: whether the federal Food, Drug & Cosmetic Act (“FDCA”), 21 U.S.C. § 301 et seq., impliedly provides a private cause of action for individuals harmed by violation of the FDCA. The defendants bring this interlocutory appeal of the district court’s denial of their motion to dismiss for lack of federal jurisdiction. Because we conclude that Congress did not intend to create a private cause of action when it enacted the FDCA, we reverse.
Plaintiffs initiated this action in the district…
2Cases cited12 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- In Re Bendectin Litigation.Court of Appeals for the Sixth Circuit · 1988
- The Saturday Evening Post Company and the Curtis Publishing Company v. Rumbleseat Press, Inc.Court of Appeals for the Seventh Circuit · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Elizabeth and Clifford Kemp v. Medtronic, Inc.Court of Appeals for the Sixth Circuit · 2000
- Richard Loreto v. Procter and Gamble CompanyCourt of Appeals for the Sixth Circuit · 2013
- Salazar v. BrownDistrict Court, W.D. Michigan · 1996
- Healthpoint, Ltd. v. Stratus Pharmaceuticals, Inc.District Court, W.D. Texas · 2001
- Iacangelo v. Georgetown UniversityDistrict Court, District of Columbia · 2008
15 more not listed; retrieve them via the Exa API.