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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.