Toyota Motor Corp. v. Choi

How courts have described this case

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

• recognizing that “State-based tort liability falls squarely within [a state’s] prerogative to regulate matters of health and safety, which is a sphere in which the presumption against preemption applies, indeed, stands at its strongest” (quotation and modification omitted)
• recognizing a fraud-based exception to Michigan law immunizing pharmaceutical companies from products liability claims
• allowing Michigan fraud claims to proceed when premised on “allegations of wrongdoing apart from the defendant’s purported failure to comply with FDA disclosure requirements”
• applying Buckman and concluding that plaintiffs’ claims were not preempted because they were 22 “asserting claims that sound in traditional state tort law”
• allowing state law action requiring plaintiff to plead fraud-on-the-FDA merely as a means of overcoming drug manufacturer’s presumption of immunity
• noting the standard for a 12(b)(6) motion to dismiss “is not akin to a ‘probability requirement,’ but [rather] asks for more than a sheer possibility that a defendant has acted unlawfully.” (quoting Twombly, 550 U.S. at 556)

Source: CourtListener parenthetical corpus (CC0).