Legal Opinion

Scott v. CIBA Vision Corp.

California Court of Appeal

Decided September 15, 1995No. H012313PublishedCited by 42 opinions

1Opinion of the Court

Opinion

BAMATTRE-MANOUKIAN, J.

Plaintiff Leslie Scott (Scott) appeals from a summary judgment entered in favor of CIBA Vision Corporation (CIBA). CIBA manufactures and distributes a contact lens cleaning product called AOSEPT. The trial court determined that Scott’s products liability claims against CIBA, based on inadequate warnings on the AOSEPT bottle, were preempted by the Medical Device Amendments to the federal Food, Drug and Cosmetic Act (the Act). (21 U.S.C. § 360c et seq.) We agree and consequently we affirm the judgment.

Statement of Facts

CIBA manufactures and markets a contact lens…

2Cases cited37 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  4. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  5. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983

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3Cited by42 opinions

  1. Acuña v. Regents of the University of CaliforniaCalifornia Court of Appeal · 1997
  2. Bahl v. Bank of AmericaCalifornia Court of Appeal · 2001
  3. Jessen v. Mentor Corp.California Court of Appeal · 2008
  4. Soldinger v. Northwest Airlines, Inc.California Court of Appeal · 1996
  5. Blanco v. Baxter Healthcare Corp.California Court of Appeal · 2008

37 more not listed; retrieve them via the Exa API.

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