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GLOVER v. BAUSCH & LOMB INC.

Docket No. 20-1156-cv August Term, 2020.

6 F.4th 229 (2021)

Marjorie GLOVER, Charles Glover, Plaintiffs-Appellants. Jane Doe, Joseph Doe, Plaintiffs, v. BAUSCH & LOMB INCORPORATED, Bausch Health Companies Inc. (f/k/a Valeant Pharmaceuticals International, Inc.), Bausch Health US, LLC (f/k/a Valeant Pharmaceuticals North America LLC), Bausch Health Americas, Inc. (f/k/a Valeant Pharmaceuticals International), Does 1 though 50, Inclusive, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2021.

Attorney(s) appearing for the Case

Wendy R. Fleishman , Lieff Cabraser Heimann & Bernstein, LLP, New York, NY ( Hugh W. Cuthbertson , Glenn A. Duhl , Zangari Cohn Cuthbertson Duhl & Grello P.C., New Haven, CT, on the brief), for Plaintiffs-Appellants.

Elliot H. Scherker , Greenberg Traurig, P.A., Miami, FL ( Brigid F. Cech Samole , Miami, FL, Lori G. Cohen , Atlanta, GA, Daniel I.A. Smulian , Robert J. Kirshenberg , Sarah H. Richardson , New York, NY, on the brief), for Defendants-Appellees.

Before: Lynch and Nardini, Circuit Judges.

This appeal raises questions regarding the scope of federal preemption of state tort law claims based on injuries caused by a medical device. Plaintiff-Appellant Marjorie Glover suffered pain and loss of vision after she was implanted with Trulign Toric intraocular lenses ("Trulign Lenses") in both of her eyes to...

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