Carol Jean Brooks’s Empirical Analysis

Citation profile

6 district · 8 state decisions

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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[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.”

   3 later decisions quote this exact passage · from the majority
   e.g. Mattingly v. Medtronic, Inc. · Notmeyer v. Stryker Corp.

2. “a claim of failure to comply with FDA regulations is not preempted by the MDA, Lohr, 518 U.S. at 495 , 116 S.Ct. 2240 .”

   2 later decisions quote this exact passage · from the concurrence
   e.g. In Re Sulzer Hip Prosthesis and Knee Prosthesis Liability Litigation · Mattingly v. Medtronic, Inc.

3. “Devices such as Simplex, which had been treated as drugs prior to the amendments to the 1938 Act, were automatically reclassified by the MDA as Class III medical devices. 21 U.S.C. § 360j(l)(1). The statute provided that these devices were deemed to have PMA approval if they had gone through the NDA approval process. Id. at § 360j(l)(3)(A). Beginning in 1976 Simplex was accordingly treated as a Class III medical device with PMA approval.”

   1 later decision quote this exact passage · from the majority
   e.g. Scott v. Pfizer Inc.