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· 1/21/2011

Hughes v. Boston Scientific Corp.

Citations

  • 631 F.3d 762
  • 2011 U.S. App. LEXIS 1376
  • 2011 WL 184554

How courts have described this case

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

  • holding that claims for failure to warn, premised on violation of FDA regulations, were not preempted
  • holding that the plaintiff’s products liability claim challenging the adequacy of FDA-approved labeling was preempted
  • holding that the plaintiff’s products liability claim challenging the adequacy of FDA-approved labeling was preempted
  • holding that state tort law failure- to-warn claim was not impliedly preempted
  • holding that a negligent failure to warn claim was not preempted and survived summary judgment where a device manufacturer failed to report 300 incidents of relevant device failure over a five-year period
  • holding that state tort law failure-to-warn claim was not impliedly preempted

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Garwood, Davis

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.