Kammerer v. City of Louisville

How courts have described this case

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

• holding that New York law imposes a continuous duty to exercise reasonable care in warning the FDA
• holding that the plaintiff stated a claim where she alleged that the defendants' failure to report occurred during the relevant time period and, had they properly reported, the reports would have reached her physician and may have avoided her injuries
• concluding that a claim alleging that the defendant violated the premarket approval, as long as it is “supported by sufficient factual evidence of the violation and demonstrate[s] a causal connection to the alleged injuries,” satisfies Twombly and avoids preemption
• denying motion to dismiss where plaintiff alleged that \her injuries may have been avoided or mitigated had [d]efendants timely complied with their reporting requirements\
• upholding as sufficiently pled claims for manufacturing defects on allegations practically identical to Plaintiffs
• applying same standard for analyzing manufacturing defect claims under strict liability and negligence

Source: CourtListener parenthetical corpus (CC0).