No. 93-5555’s Empirical Analysis
1994
Citation profile
11 district · 9 state decisions
How this case has been cited
Cited by 51 later decisions — most recently August 2015 · most notably Gonzales v. Surgidev Corp. (1995), 592 F. Supp. 2d 1147 - In Re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation (2009)
11 district · 9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Cipollone v. Liggett Group, Inc. · National Union Fire Insurance v. Helfand · Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]o state or political subdivision of a State may establish or continue in effect with respect to a device intended for human use any requirement— (1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and (2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.”
2 later decisions quote this exact passage · from the majority“The argument assumes that the only federal requirement that might relate to the safety or effectiveness of the design of a medical device would be an actual specification of that design. The preemption provision does not say this, and so cramped an interpretation would cripple the exemption for investigational devices. The FDA can hardly be expected to specify the safe and effective design of a device when it is still experimental. If there were a known safe and effective design, the device would no longer be experimental. The point of the experiment is to find out whether it is safe and effective. (Citation omitted). In the experimental phase the appropriate regulations of safety and effectiveness are procedural rather than substantive ones. They do not specify the safe and effective design; they specify the procedures for determining whether the experimental design is safe and effective. These are requirements relating to safety and effectiveness and they can therefore have preemptive effect.”
1 later decision quote this exact passage · from the majority“Gile contends that there cannot be express preemption unless Congress uses “the words ‘common lav/ or something analogous” to indicate its intent to preempt such claims. However, the MDA, providing “no State or political subdivision of a State may establish ... any requirement ... different from, or in addition to, any requirement applicable under this chapter,” is indistinguishable from the act at issue in Cipollone * * * Thus, Gile’s argument that Congress needs to explicitly provide that common law claims are preempted in order to find express preemption is unpersuasive.”
1 later decision quote this exact passage · from the majority
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.