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· 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 CourtListener

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.