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Buckman Co. v. Plaintiffs' Legal Committee : ウィキペディア英語版 | Buckman Co. v. Plaintiffs' Legal Committee
''Buckman Co. v. Plaintiffs Legal Comm.'', , was a United States Supreme Court case decided in 2001. The case concerned whether the FDCA (Food, Drug and Cosmetic Act), a federal statute, pre-empted a state-law fraud-on-the-FDA claim. Although finding it on different grounds, the Court decided to reject the lawsuit attempt. ==Background== The ''Plaintiffs' Legal Committee'' represented plaintiffs who claimed injuries resulting from the use of bone screws on their spines.〔 They sued Buckman Company, alleging they made fraudulent representations to the FDA. They further argued that "but for" the false representations, the injuries would not have occurred. 〔 The District Court for the Eastern District of Pennsylvania heard these claims and decided to dismiss the "fraud-on-the-FDA" sections of the complaint on the ground that it was pre-empted by federal law.〔 A divided panel of the United States Court of Appeals for the Third Circuit reversed, arguing that there was no express pre-emption.〔 Buckman Company appealed to the Supreme Court which heard the case in December of 2000.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Buckman Co. v. Plaintiffs' Legal Committee」の詳細全文を読む
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