· 1/27/2014
Coleman v. Medtronic, Inc.
Citations
- 223 Cal. App. 4th 413
- 167 Cal. Rptr. 3d 300
- 2014 WL 286096
- 2014 Cal. App. LEXIS 70
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs negligence claim was not preempted where he “argued that [de fendant] violated its duty of reasonable care, which would parallel the federal duty to comply with the regulations”
- ‘To survive implied preemption, the conduct on which the plaintiffs’ claim is based ‘must be the type of conduct that would traditionally give rise to liability under state law— . . . even if the FDCA had never been enacted’ ” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kriegler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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