Legal Opinion · Dissent
Howard v. Zimmer, Inc.
Supreme Court of Oklahoma
Decided March 19, 2013No. 110,857Published
1Dissent
GURICH, J.,
with whom WINCHESTER, J. joins, dissenting.
11 The Tenth Circuit certified the following question to this Court:
Does Oklahoma recognize a claim for negli-genee per se based on an alleged violation of 21 C.EF.R. § 820.70(h), a federal regulation promulgated pursuant to the Medical Device Amendments to the Food, Drug, and Cosmetic Act, even though those enactments do not allow private rights of action?
In explaining its reasons for certifying this question, the Tenth Circuit pointed to three areas where Oklahoma law appears to be ambiguous: 1) Does Oklahoma law allow a claim for…
2Cases cited18 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
- Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
- Lockhart v. LoosenSupreme Court of Oklahoma · 1997
- Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants, v. COLLAGEN CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1997
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