Legal Opinion
Colacicco v. Apotex Inc.
Court of Appeals for the Third Circuit
Decided April 8, 2008No. 06-3107, 06-5148PublishedCited by 61 opinions
1Opinion of the Court
*256OPINION OF THE COURT
SLOVITER, Circuit Judge.
The issue before us is one of preemption, an area of the law that need delicately balance federal interests and those of the states. It harks back to the very beginning of our republic, and has continued to occupy us ever since. Preemption is not a doctrine that lends itself to a black-letter rule. One size does not fit all. The decision must be based on the circumstances presented in the particular situation.
The plaintiffs in these consolidated cases are the husband and daughter, respectively, of two adults who committed suicide after taking…
2Cases cited37 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Hines v. DavidowitzSupreme Court of the United States · 1941
- 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
32 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Yanise Germain v. Teva Pharmaceuticals, USA, IncCourt of Appeals for the Sixth Circuit · 2014
- Fellner v. Tri-Union Seafoods, L.L.C.Court of Appeals for the Third Circuit · 2008
- Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc.Court of Appeals for the Seventh Circuit · 2009
- Kehm Oil Co. v. Texaco, Inc.Court of Appeals for the Third Circuit · 2008
- Smith v. Wyeth, Inc.Court of Appeals for the Sixth Circuit · 2011
56 more not listed; retrieve them via the Exa API.