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,
and
Food & Drug Administration, Amicus Curiae.
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.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 29, 1996.
Decided December 18, 1996.
Attorney(s) appearing for the Case
ARGUED: David Benjamin Shapiro, Baltimore, Maryland, for Appellants. Peter Rolf Maier, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Amicus Curiae. Robert T. Shaffer, III, Murphy & Shaffer, Baltimore, Maryland, for Appellees. ON BRIEF: Lewis J. Saul, Washington, D.C.; Bruce A. Finzen, Gary L. Wilson, David S. Toepfer, Robins, Kaplan, Miller & Ciresi, Minneapolis, Minnesota, for Appellants. Frank W. Hunger, Assistant Attorney General, Lynne Ann Battaglia, United States Attorney, Douglas N. Letter, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Margaret Jane Porter, Chief Counsel, Beverly Rothstein, Food and Drug Administration, Rockville, Maryland, for Amicus Curiae. William James Murphy, Murphy & Shaffer, Baltimore, Maryland; John F. Brenner, McCarter & English, Newark, New Jersey, for Appellees.
Before WIDENER and WILKINS, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
WILKINS, Circuit Judge:
These appeals require us to consider anew the effect of the express preemption provision contained in the Medical Device Amendments of 1976(MDA), Pub.L. No. 94-295, 90 Stat. 539, on Eugene Duvall's state-law causes of action against Bristol-Myers-Squibb Company and its wholly owned subsidiary, Medical Engineering Corporation (collectively, "Bristol-Myers").1See 21 U.S.C.A. § 360k(a...
Let's get started
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.
