· 8/27/1998
prod.liab.rep. (Cch) P 15,330 Richard Symens Joyce Symens v. Smithkline Beecham Corporation, Ivan Sjovall v. Smithkline Beecham Corporation
Citations
- 152 F.3d 1050
- 1998 U.S. App. LEXIS 20857
- 1998 WL 541581
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- The preemption issue “require[s] a careful comparison between the allegedly pre-empting federal requirement and the allegedly pre-empted state requirement to determine whether they fall within the intended pre-emptive scope[.]”
- “Plaintiffs’ broadly pleaded claims are preempted to the extent that they rely upon “liability- creating-premises” that are different from, or in addition to, those imposed by USDA regarding the safety, efficacy, potency, purity, or labeling of SBC’s licensed vaccines.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Godbold, Heaney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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