Sierra East Television, Inc. v. Weststar Cable Television, Inc.

How courts have described this case

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

• concluding that Houston’s claims that Medtronic failed to warn her or her physician were expressly preempted
• concluding that Houston’s claims that Medtronic failed to warn her or her physician were expressly preempted
• holding that state fraud-based claims that include off-label promotion allegations are not impliedly preempted under Buckman “because they are moored in traditional state common law that exists independently from the FDCA”
• holding that state fraud-based claims \are parallel or `genuinely equivalent' to federal law\
• holding that state fraud-based claims that include off-label promotion allegations are not impliedly preempted under Buckman “because they are moored in traditional state com mon law that exists independently from the FDCA”
• noting that a plaintiff “cannot simply incant the magic words ‘Defendant violated FDA regulations’ in order to avoid preemption” and that “the vague allegation that Defendants violated federal law is ‘insufficient to overcome the preemptive reach of § 360k(a

Source: CourtListener parenthetical corpus (CC0).