510 U.S. 824
Stamps v. Collagen Corp.
No. 92-1989.
Supreme Court of United States.
October 4, 1993.
— 1 —
Appeal from the C. A. 5th Cir.
— 2 —
Certiorari denied. Reported below: 984 F. 2d 1416.
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Opinion
510 U.S. 824 · Supreme Court of the United States · Oct 4, 1993
Fifth Circuit · Jul 30, 1997
Supreme Court of Colorado · Mar 3, 1997
N.D. Illinois · Jan 14, 1997
M.D. Florida · Dec 16, 1996
Seventh Circuit · Nov 1, 1996
Court of Appeals of Arizona · Jun 25, 1996
N.D. New York · Jun 21, 1996
Parentheticals
holding that existence of express preemption clause precludes reliance on implied preemption doctrine, without determining whether provision constituted a "reliable indicium of congressional intent"
holding that existence of express preemption clause precludes reliance on implied preemption doctrine, without determining whether provision constituted a “reliable indicium of congressional intent”
holding that the analysis used in Ferebee did not survive the Cipollone decision
Charles MacDonald Et Ux and State of Louisiana, Etc. v. Monsanto Co., Dow Chemical Co.
holding that the analysis used in Fer-ebee did not survive the Cipollone decision
Charles MacDonald Et Ux and State of Louisiana, Etc. v. Monsanto Co., Dow Chemical Co.
holding that the analysis used in Ferebee did not survive the Cipollone decision
finding that the express preemption provision in the MDA precludes any discussion regarding implied preemption
holding state law claims not preempted where FDA had established no specific requirements unique to the Class III medical device at issue
finding that the PMA process constitutes a “specific requirement” applicable to a particular device
“[W]e do not believe the [preemption] analysis [in Fere- bee] can be said to have survived Cipol- lone-”
claims of failure to warn and defective design preempted where manufacturer of Class III device underwent PMA
relying on Cipollone for interpretation of state “requirement” under MDA
defective design, inadequate warning, and negligent failure to warn