food-drug-cosmetic-act

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-387 Anita Louise Jackson v. United States Fourth Circuit 2025-10-02 Denied Response Waived criminal-liability device-adulteration food-drug-cosmetic-act medical-fraud patient-disclosure surgical-instruments In what world do physicians have to disclose to patients that their surgical procedure will be performed with previously used surgical instruments in …
25-9 Keith M. Wilkins v. Steve Herron, et al. Ninth Circuit 2025-07-02 Denied Amici (2)Response Waived emergency-use-authorization experimental-drugs food-drug-cosmetic-act informed-consent private-right-of-action section-1983 May an individual bring a lawsuit via 42 U.S.C. § 1983 for violation of his right to informed consent to the administration of an EUA experimental dru…
21-1144 Tracie Leach, et al. v. Mentor Worldwide, LLC Ninth Circuit 2022-02-17 Denied Response WaivedRelisted (2) adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments preemption rule-12(b)(6) state-common-law Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufactur…
20-1822 Amber Brooks, et al. v. Mentor Worldwide LLC Tenth Circuit 2021-07-01 Denied 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 Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufactur…
20-5094 Anita Laux v. Mentor Worldwide, LLC Ninth Circuit 2020-07-16 Denied Response WaivedRelisted (2)IFP cgmps circuit-split current-good-manufacturing-practices federal-requirements food-drug-cosmetic-act medical-device medical-device-preemption parallel-claims preemption state-law-claims twombly-iqbal Whether state-law claims against a medical device manufacturer are preempted
19-152 Amarin Pharma, Inc., et al. v. International Trade Commission, et al. Federal Circuit 2019-08-01 Denied false-advertising federal-circuit food-drug-cosmetic-act international-trade-commission lanham-act pom-wonderful-v-coca-cola tariff-act tariff-act-1930 trade-practices unfair-competition unfair-trade-practices When a manufacturer files a Lanham Act claim under the Tariff Act for competitive injuries caused by unfair trade practices, is the claim barred as a …