Oyegbola v. Murray

How courts have described this case

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

• holding that failure to warn claims that “impose[ ] obligations ... beyond those imposed during the PMA process” are expressly exempted
• holding that claim for loss of 6 consortium is subject to the two-year statute of limitations in Cal. Civ. Proc. Code § 335.1
• explaining that the court is not 2 required to “assume the truth of legal conclusions merely because they are cast in the form of 3 factual allegations” (internal quotations omitted)
• finding that fraud claims based on off-label promotion escape preemption because such claims “are based on state common law tort duties that exist independently from the FDCA and not solely by virtue of the FDCA”
• collecting cases supporting the propriety of taking judicial notice of 4 information on government agency websites including the FDA’s premarket approval 5 database
• collecting caselaw for the proposition that documents on the FDA’s public website may be judicially noticed, and taking judicial notice of the same documents Defendants present in this action

Source: CourtListener parenthetical corpus (CC0).