In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829

How courts have described this case

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

• holding that “[p]laintiffs’ [negligence per se] theory would undermine section 337(a) by establishing a private state-law cause of action for violations of the FDCA, so long as those actions are brought against more than one defendant.”
• stating that Riley applies where “speech consists of ‘complex mixtures of commercial and noncommercial elements’ ” (quoting Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60, 81 (1983) (Stevens, J., concurring))
• stating that some state law “make[s] clear the doctrine of per se liability does not create an independent basis of tort liability but rather establishes, by reference to a statutory scheme, the standard of care appropriate to the underlying tort.”
• “The Supreme Court has specifically instructed that courts should be wary of chilling legitimate advocacy by imposing fees too hastily.”
• “The established rule is that a cause of action for civil conspiracy requires a separate underlying tort as a predicate for liability.”
• “[T]he law uniformly requires that conspiracy claims be predicated upon an underlying tort that would be independently actionable against a single defendant.”

Source: CourtListener parenthetical corpus (CC0).