· 9/22/1922
Cable Piano Co. v. Lewis
Citations
- 195 Ky. 666
- 243 S.W. 924
- 1922 Ky. LEXIS 393
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the New York duty to warn the medical profession does not include a duty to report to the FDA
- stating that “the [GMPs] are guidelines that do not create a federal requirement” and “[t]o permit a claim that mandates compliance with such ‘vague’ standards effectively imposes ‘different, or additional’ requirements, and is preempted”
- dismissing plaintiffs state law claims, including claims for manufacturing defects, as preempted by the MDA
- “[w]hile New York law may require manufacturers to warn the medical profession, that is not the same as a duty to report to the FDA”
- state law failure to warn claim preempted because New York law requirement that manufacturers warn the medical profession “is not the same as a duty to report to the FDA,”and disagreeing with Rosen that New York law imposes duty to warn FDA identical to federal law
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas
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