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· 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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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.