1. Home
  2. Browse Decisions
  3. F.3d
  4. 65 F.3d
  5. 65 F.3d 392 (1995)
 

DUVALL v. BRISTOL-MYERS-SQUIBB CO.

No. 94-1520.

65 F.3d 392 (1995)

Eugene DUVALL; Patricia Sue Duvall, Plaintiffs-Appellants, v. BRISTOL-MYERS-SQUIBB COMPANY, a Delaware Corporation; Medical Engineering Corporation, a/k/a Surgitek/Medical Engineering Corporation, Defendants-Appellees. Food & Drug Administration, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1995.

Attorney(s) appearing for the Case

ARGUED: Gary Lester Wilson, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for appellants. William James Murphy, Murphy & Shaffer, Baltimore, MD, for appellees. ON BRIEF: Bruce Finzen, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN; David B. Shapiro, Baltimore, MD; Lewis J. Saul, Bethesda, MD, for appellants. Robert T. Shaffer, III, Murphy & Shaffer, Baltimore, MD; John F. Brenner, McCarter & English, Newark, NJ, for appellees.

Before WIDENER and WILKINS, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part and reversed and remanded in part by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Judge MICHAEL joined.

OPINION

WILKINS, Circuit Judge:

Eugene Duvall appeals a decision of the district court granting summary judgment to Bristol-Myers Squibb Company (Bristol-Myers)1 on the basis that Duvall's claims are preempted by 21 U.S.C.A. § 360k (West Supp.1995), enacted as...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases