United States Sixth Circuit

The Medical Device Amendments of 1976 to the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., preempt plaintiffs' common law and products liability tort claims alleging negligence per se, fraud, and failure to warn, under Ohio law.

Appellate Information

• Decided 11/01/2000
• Published 11/01/2000

Judges

• Before:  MOORE and GILMAN, Circuit Judges;  McKEAGUE, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Gregory M. Utter (argued and briefed), Louis Francis Gilligan (briefed), Keating, Muething & Klekamp, Cincinnati, OH, for Appellants.


• For Appellees:
  
• Thomas M. Parker (argued and briefed), Sanjay K. Varma (briefed), Roetzel & Andress, Akron, OH, Karen A. Carroll (briefed), Roetzel & Andress, Cincinnati, OH, for Appellee.