Hofts v. Howmedica Osteonics Corp.

How courts have described this case

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

• concluding that an implied warranty claim could proceed unless it “rested on allegations about standards other than those permitted by the FDA ... ”
• concluding that an implied warranty claim could proceed unless it “rested on allegations about standards other than those permitted by the FDA . . .”
• finding a breach of express warranty claim against a medical device manufacturer passed the second step of Riegel and was not preempted
• “Manufacturing defect claims are not subject, for example, to the ‘particularity’ pleading requirements of Rule 9.”

Source: CourtListener parenthetical corpus (CC0).