Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants, v. COLLAGEN CORPORATION, Defendant-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “[a] state judgment based on the breach of an express representation” is not preempted under the MDA
• noting that it would have made little sense for Justice Breyer to write separately if he agreed that most state tort claims were not preempted
• noting that it would have made little sense for Justice Breyer to write separately if he agreed that most state tort claims were not preempted
• finding that “state judgment for breach of implied warranty that rested on allegations about standards other than those permitted by the FDA would necessarily interfere with the PMA process and, indeed, supplant it”
• concluding, prior to Buckman, that “[a] state judgment based on the breach of an express representation by one of the parties does not necessarily interfere with the operation of the PMA”
• finding preemption of claims based on design defect, negligence, mislabeling, misrepresentation, fraud on the FDA, breach of implied warranty

Source: CourtListener parenthetical corpus (CC0).