Mears v. Marshall

How courts have described this case

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

• finding a failure to warn claim cognizable under Oregon’s strict products lia bility law and not preempted under Lohr
• “Without question, [the PMA process completed by Zyderm] established requirements that governed nearly every aspect of Zyderm’s commercial existence.”
• no preemption for failure to warn, negligent manufacturing, defective design, and breach of warranty claims where state requirement was only general duty
• no preemption for failure to warn, negligent manufacturing, defective design, and breach of warranty claims where state requirement was only general duty
• no preemption for failure to warn, negligent manufacturing, defective design, and breach of warranty claims where state requirement was only general duty

Source: CourtListener parenthetical corpus (CC0).