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GLOVER v. BAUSCH & LOMB INC.

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

43 F.4th 304 (2022)

Marjorie GLOVER, Charles Glover, Plaintiffs-Appellants, 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 through 50, inclusive, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Fully Submitted Post-Certification: July 22, 2022.

Decided: August 8, 2022.

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.

Plaintiffs-Appellants Marjorie Glover and Charles Glover appeal from a judgment of the United States District Court for the District of Connecticut (Kari A. Dooley, J.) dismissing, as preempted by the federal Food, Drug, and Cosmetic Act ("FDCA"), their claims under the Connecticut Product Liability Act ("CPLA...

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