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Home / Opinion Digests / Most Important Opinion / Tort/Negligence — Products Liability – MDA – Preemption – Breach of Express Warranty Claim – Parallel Claim (access required)

Tort/Negligence — Products Liability – MDA – Preemption – Breach of Express Warranty Claim – Parallel Claim (access required)

Hesik v. Boston Scientific Corp. (Lawyers Weekly No. 002-225-14, 17 pp.) (J. Michelle Childs, J.) 1:12-cv-00014; D.S.C. Holding: Where plaintiff’s breach of express warranty claim is premised solely on the defendant-manufacturer’s alleged voluntary statements in its warranty, which statements have not been established as subject to the pre-market approval (PMA) process or otherwise approved or mandated ...

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