No. 20-1822

Amber Brooks, et al. v. Mentor Worldwide LLC

Lower Court: Tenth Circuit
Docketed: 2021-07-01
Status: Denied
Type: Paid
Tags: adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) state-common-law
Key Terms:
Privacy
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufacture

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal of state common law claims alleging failure to warn by virtue of inaccurate public reporting of adverse events, and claims alleging defective manufacture of medical devices.

Docket Entries

2021-11-08
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-09-30
Brief of respondent Mentor Worldwide LLC in opposition filed.
2021-08-25
Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2021.
2021-08-22
Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
2021-07-21
Motion to extend the time to file a response is granted and the time is extended to and including September 1, 2021.
2021-07-20
Motion to extend the time to file a response from August 2, 2021 to September 1, 2021, submitted to The Clerk.
2021-06-25
Petition for a writ of certiorari filed. (Response due August 2, 2021)

Attorneys

Amber Brooks, et al.
Anthony Anderson Benton DogaliDogali Law Group, P.A., Petitioner
Anthony Anderson Benton DogaliDogali Law Group, P.A., Petitioner
Mentor Worldwide LLC
Dustin Bradley RawlinTucker Ellis LLP, Respondent
Dustin Bradley RawlinTucker Ellis LLP, Respondent