137 Or. App. 390 - Mears v. Marshall’s Empirical Analysis
1995
Citation profile
6 state decisions
Relationships
Applies 18 U.S.C. § 3663 · 21 U.S.C. § 301 (Animal Drug Amendments of 1968) · 21 U.S.C. § 360 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360C (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360E (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360I (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360J (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360K (Federal Food, Drug, and Cosmetic Act)
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 521(a) of the act [21 U.S.C. § 360k(a)] contains special provisions governing the regulation of devices by States and localities. That section prescribes a general rule that after May 28, 1976, no State or political subdivision of a State may establish or continue in effect any requirement with respect to a medical device intended for human use having the force and effect of law (whether established by statute, ordinance, regulation, or court decision), which is different from, or in addition to, any requirement applicable to such device under any provision of the act and which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under the act. (Emphasis added).”
1 later decision quote this exact passage“(1) constitutes a requirement different from, or in addition to, any requirement the MDA makes applicable to the device at issue, and (2) relates either to (a) the safety or effectiveness of the device or (b) any other matter included in a requirement made applicable to the device by the MDA.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.