Parker v. Stryker Corp.

How courts have described this case

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

• noting that plaintiffs claims were “not saved [from preemption] merely by being recast as violations of the federal adulteration and misbranding statutes”
• dismissing implied warranty claims where the complaint alleged only that the device was “unreasonably dangerous” without factual detail showing deviation from PMA specifications
• conclusory allegation that device “was sold in direct violation of the Code of Federal Regulations” insufficient under Twombly to save claim from FDCA preemption
• breach of express warranty, implied warranty of fitness and implied warranty of merchantability claims preempted
• express warranty claim would contradict FDA’s determination that label was adequate and appropriate
• claim for breach of implied warranty of merchantability preempted by MDA

Source: CourtListener parenthetical corpus (CC0).