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- Title
THE PUZZLE OF PARALLEL CLAIMS, PREEMPTION, AND PLEADING THE PARTICULARS.
- Authors
Prince, J. David
- Abstract
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.
- Subjects
UNITED States; LEGAL claims; EXCLUSIVE &; concurrent legislative powers; PLEADING; RIEGEL v. Medtronic Inc. (Supreme Court case); MEDICAL device approval; CORDIS Corp.; BUCKMAN Co. v. Plaintiffs' Legal Committee (Supreme Court case); ACTIONS &; defenses (Law); U.S. states
- Publication
William Mitchell Law Review, 2013, Vol 39, Issue 4, p1034
- ISSN
0270-272X
- Publication type
Article