West v. Bayer Healthcare Pharm. Inc.

How courts have described this case

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

• noting that an issue-by-issue analysis of choice-of-law factors \may result in the application of the law of more than one state to the several claims in a matter\
• “stating that an express warranty claim is not preempted insofar as it is based on voluntary statements, i.e., statements not approved by the FDA or mandated by the FDA about the use or effectiveness of the product[.]”
• incorporating a similar theory and holding that to the extent “plaintiffs’ failure-to-warn claim is founded on promotion by defendants of off-label uses of the device beyond the safe harbor, the claim is not preempted”
• applying “most significant relationship” test to statutes of limitations

Source: CourtListener parenthetical corpus (CC0).