Brennon v. Commonwealth

How courts have described this case

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

• holding “allegations of a breached warranty of safety and effectiveness” were preempted
• claims based upon \failure to file adverse-event reports with the FDA... [are] impliedly preempted under Buckman\
• “To the extent that Plaintiffs claim warranties voluntarily made to individual Plaintiffs, such a claim would not be preempted.”
• ‘‘to the extent that [the] [p]laintiffs seek recourse for [the] [d]efen- dants’ failure to file adverse event reports with the FDA, the [c]ourt finds such claim [to be] impliedly preempted under Buckman [Co.]’’
• “If 4 Plaintiffs claim negligence based solely on Defendants’ failure to comply with federal law 5 or solely on illegal off-label promotion (i.e. negligence per se), Plaintiffs’ claims are 6 impliedly preempted under Buckman.”
• “[T]o the extent that Plaintiff seeks to ground her negligence- per-se and misrepresentation claims on allegations that Defendant violated the FDCA—namely, by selling a misbranded and adulterated product—these claims are impliedly preempted pursuant to 21 U.S.C. § 337(a)”

Source: CourtListener parenthetical corpus (CC0).