[Download] "Duncan v. Iolab Corp." by Eleventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Duncan v. Iolab Corp.
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 24, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
PER CURIAM In this consolidated products liability action, plaintiffs appeal separate district court orders granting the defendants summary judgment. Plaintiffs both received intraocular lenses in the course of treatment for their cataracts. They filed suit against defendants, manufacturers of the lenses, after plaintiffs suffered injuries allegedly caused by the lenses. The issue is whether section 360k(a) of the Medical Device Amendments of 1976 to the Food, Drug and Cosmetic Act of 1938, 21 U.S.C. §§ 301 et seq., preempts plaintiffs' state law claims for negligence, strict liability in tort, and breach of implied warranty. We follow the Seventh Circuit and conclude that it does. See Slater v. Optical Radiation Corp., 961 F.2d 1330 (7th Cir.), cert. denied, U.S., 113 S. Ct. 327, 121 L. Ed. 2d 246 (1992).