Christina McClellan v. I-Flow Corporation

How courts have described this case

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

• stating that \there is no suggestion that Congress intended to displace traditional tort law by making all policing of medical labels and warnings the exclusive province of the FDA\
• noting that obstacle preemption (a kind of conflict preemption) arises \when state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress\
• rejecting the district court's refusal to provide a negligence per se jury instruction on implied preemption grounds
• “[T]he historic police powers of the States were not to be superseded unless that was the clear and manifest purpose of Congress.” (alteration omitted)
• “Buckman . . . left the door open to state-law 13 claims ‘parallel’ to federal requirements.”
• describing Buckman and its theory of implied preemption

Source: CourtListener parenthetical corpus (CC0).