Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants,
v.
COLLAGEN CORPORATION, Defendant-Appellee.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued May 19, 1995.
Decided October 2, 1995.
Rehearing Denied November 22, 1995.
Attorney(s) appearing for the Case
David Cerven, Joseph E. Costanza, Sr., Burke, Murphy, Costanza & Cuppy, East Chicago, IN, Michael M. Essmyer (argued), Essmyer & Tritico, Houston, TX, Clinard Hanby, The Woodlands, TX, for Barbara and Gregory Mitchell.
Gregory J. Tonner, Jon F. Schmoll, Spangler, Jennings & Dougherty, Merrillville, IN, Keith A. Jones, Joe W. Redden, Jr. (argued), Beck, Redden & Secrest, Houston, TX, for Collagen Corporation.
Robert Neil Weiner, Steve J. Boom, Arnold & Porter, Washington, DC, Hugh Young, Product Liability Advisory Council, Incorporated, Reston, VA, for amicus curiae Product Liability Advisory Council, Incorporated.
Before CUDAHY, RIPPLE and KANNE, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
RIPPLE, Circuit Judge.
In this case, Barbara and Gregory Mitchell appeal the district court's decision denying them leave to amend their complaint and dismissing their state law claims on the ground that they were all preempted by the Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360c-3601. For the reasons that follow, although we conclude that some state law claims are not preempted...
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