· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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