Bausch v. Stryker Corp.

How courts have described this case

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

• recognizing that plaintiffs’ pleading burden is “commensuraté with the amount of information available to them”
• concluding that violations of CGMPs are not too general to be applied by a jury
• holding that claims which allege a “breach of a well-recognized duty owed to [plaintiff] under state law” are not impliedly preempted
• concluding that “[plaintifQ’s claims for defective manufacture in violation of federal law are not expressly preempted by section 360k”
• concluding that violations of CGMPs are not too general to be applied by a jury
• holding that state law is not preempted “where the [plaintiff] can prove that she was hurt by the manufacturer’s violation of federal law”

Source: CourtListener parenthetical corpus (CC0).