Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,830 times 364 Legal AnalysesHolding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
In re Medtronic, Inc., Sprint Fidelis Leads
623 F.3d 1200 (8th Cir. 2010) Cited 308 times 5 Legal AnalysesHolding "[w]here a federal requirement permits a course of conduct and the state makes it obligatory, the state's requirement is in addition to the federal requirement and thus is pre-empted."
Wolicki-Gables v. Arrow International, Inc.
634 F.3d 1296 (11th Cir. 2011) Cited 157 times 3 Legal AnalysesHolding that medical device's pre-market approval “imposes specific requirements on it that are sufficient to preempt a state law claim”
Zaccarello v. Medtronic, Inc.
38 F. Supp. 3d 1061 (W.D. Mo. 2014) Cited 9 timesDenying Rule 12(b) motion to dismiss based on running of statute of limitations where the allegations contained in the complaint failed to demonstrate the claim was time-barred
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,948 times 920 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,729 times 193 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 360k - State and local requirements respecting devices
21 U.S.C. § 360k Cited 1,025 times 21 Legal AnalysesAuthorizing the FDA to determine the scope of the Medical Devices Amendments' pre-emption clause