Legal Opinion
Doane v. Metal Bluing Products, Inc.
District Court, N.D. New York
Decided August 18, 1983No. 82-CV-1050PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
McCURN, District Judge.
Plaintiff Eva Doane brought this action against the manufacturer of a product that her infant son Michael allegedly ingested, causing his death. This is not a diversity suit; federal jurisdiction is predicated on the claim that the defendant’s product was packaged, labeled, and distributed in violation of the Poison Prevention Packaging Act, 15 U.S.C. § 1471 et seq., and the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq.
Defendant has moved to dismiss for lack of subject matter jurisdiction, contending that Riegel Textile Corp. v.…
2Cases cited9 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Cort v. AshSupreme Court of the United States · 1975
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- Riegel Textile Corporation v. Celanese CorporationCourt of Appeals for the Second Circuit · 1981
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3Cited by6 opinions
- Sparks v. Metalcraft, Inc.Supreme Court of Iowa · 1987
- Christenson v. St. Mary's Hosp.District Court, D. Minnesota · 1993
- Cardello v. CRC Industries, Inc.District Court, W.D. Pennsylvania · 2006
- Gibson v. Wal-Mart Stores, Inc.District Court, W.D. Virginia · 2002
- Deck Ex Rel. Deck v. McBrienDistrict Court, C.D. Illinois · 1991
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