United States Ninth Circuit

In a diversity action alleging common law claims for negligence and strict products liability, arising out of injuries connected with the use of a painkiller delivered through an infusion pump regulated under the Medical Device Amendments of 1976 (MDA), the district court's judgment is vacated and remanded for new trial where: 1) there was appellate jurisdiction because judgment was entered as to all defendants; 2) the presumption against federal preemption of state law applied in this case; 3) plaintiff's case is not controlled by Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341 (2015); and 4) plaintiff''s requested jury instructions did not conflict with the congressional intent behind the MDA and would not usurp the exclusive federal enforcement power over the MDA.

Appellate Information

• Decided 01/23/2015
• Published 01/23/2015

Judges

• Goodwin

Court

• United States Ninth Circuit

Counsel