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· 11/21/1906

Kentucky Institution for Blind v. City of Louisville

Citations

  • 123 Ky. 767
  • 97 S.W. 402
  • 1906 Ky. LEXIS 213

How courts have described this case

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

  • noting that damages are a remedy, not a substantive claim for relief
  • allowing the taking of a deposition and leave to amend the complaint to properly allege reliance
  • “The seriousness of deficiencies should be 16 measured by the effect the error has in contravening the purposes of the statutes in 17 question”
  • “Plaintiffs would need to establish that the Infuse Device should have been designed in a manner different than that approved by the FDA”
  • failure-to-warn claim based on off-label promotion preempted because it “seeks to impose on Defendants a duty to provide warnings beyond those already outlined by the FDA, which Riegel prohibits”
  • “Ramirez has been rejected — for good reason — by numerous courts.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barker, Rear

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.