Orthopedics International, Ltd., P.S. v. Commissioner

How courts have described this case

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

• noting that when a party’s claims fail under state law, “the question of federal preemption will be moot”
• noting that the plaintiffs’ claims “can proceed, if at all, only if [state law] provides a cause of action based on a manufacturer’s failure to report adverse events to a regulator like the FDA, or to comply with post-approval requirements set by that regulator”
• explaining that federal preemption is 13 affirmative defense
• “To avoid implied preemption . . . claims must be based not on the FDCA, but on ‘traditional state tort law which . . . predated the federal enactments in question.” (quoting Buckman, 531 U.S. at 352–53)

Source: CourtListener parenthetical corpus (CC0).