[Download] "Duvall v. Bristol-Myers-Squibb Co." by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Duvall v. Bristol-Myers-Squibb Co.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 25, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
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 a part of the Medical Device Amendments of 1976 (MDA) to the Federal Food, Drug, and Cosmetic Act.2 We affirm the district court with respect to the majority of Duvall's claims. However, because we conclude that § 360k does not preempt Duvall's express warranty claim to the extent that it may be based on Bristol-Myers' voluntarily-made representations regarding its product, we reverse in part and remand for further proceedings.
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