THE PUZZLE OF PARALLEL CLAIMS, PREEMPTION, AND PLEADING THE PARTICULARS.
Autor: | Prince, J. David |
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Předmět: | |
Zdroj: | William Mitchell Law Review; 2013, Vol. 39 Issue 4, p1034-1086, 53p |
Abstrakt: | The article discusses parallel American state-law and federal-law claims in relation to a preemption legal doctrine and the struggles that some plaintiffs face when trying to craft complaints during the pleading stage of litigation. Several preemption- and medical device approval-related legal cases in America are examined, including Riley v. Cordis Corp., Riegel v. Medtronic Inc., and Buckman Co. v. Plaintiffs’ Legal Committee. The U.S. Food, Drug, and Cosmetics Act is assessed. |
Databáze: | Complementary Index |
Externí odkaz: |