Ninth Circuit Outlines for Plaintiff How to Meet the Twombly/Iqbal Standard in a Third Amended Complaint

In this case, the plaintiff, Nicole Weber, appealed the United States District Court for the District of Arizona’s dismissal of her second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The issue on appeal before the Ninth Circuit panel was whether Weber’s allegations were sufficient to survive a 12(b)(6) motion under the Twombly/Iqbal standard requiring a complaint to set out a plausible claim. Since the Supreme Court’s rulings in Bell Atlantic v. Twombly and Ashcroft v. Iqbal, federal district courts have seen…
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Does a Medical Device Manufacturer Have a State Law Duty to Advise the FDA of Post-Market Problems? The U.S. Supreme Court May Tell Us

This week, the U.S. Supreme Court has asked the Solicitor General to comment about whether a state law personal injury claim against a medical device manufacturer for a post-market failure to warn the FDA of a subsequently-discovered potential problem is preempted by federal law.  While any pre-market duty to warn claim for an FDA-approved medical device is pre-empted, there is an open question as to whether a state law claim can be pursued against a medical device manufacturer for failure to inform the FDA of…
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