MARTIN

v.

UNITED STATES

Citator

Cited By (42 total)

• Cheffer v. Reno, 55 F.3d 1517 (11th Cir. 1995)
  …spectively, or to the people.” U.S. Const, amend. X. Therefore, Congress’ valid exercise of authority delegated to it under the Constitution does not violate the Tenth Amendment. United States v. Lopez, 459 F. 2d 949, 951 (5th Cir.), cert. denied, 409 U.S. 878, 93 S.Ct. 130, 34 L.Ed.2d 131 (1972). Congress identified both the Commerce Clause and section 5 of the Fourteenth Amendment as sources of its authority to pass the Access Act. Act, § 2. Recently addressing a similar constitutional attack against th…
• United States v. Kinsey, 843 F.2d 383 (9th Cir. 1988)
  …facture, trade and distribution of specified drugs. The class of activities regulated under Title 21 U.S.C. Section 801 et seq. is clearly within Congress’ commerce power. See United States v. Lopez, 459 F. 2d 949, 953 (5th Cir.1972), cert. denied, 409 U.S. 878, 93 S.Ct. 130, 34 L.Ed.2d 131 (1972); United States v. Esposito, 492 F. 2d 6, 10 (7th Cir.1973), cert. denied, 414 U.S. 1135, 94 S.Ct. 879, 38 L.Ed.2d 760 (1974); United States v. Scales, 464 F. 2d 371, 376 (6th Cir.1972). We therefore hold that th…
• Anne Needham v. White Labs., Inc., 639 F.2d 394 (7th Cir. 1981)
  …even if the warning is followed. In such a case, the manufacturer is exempted from strict liability only if the apparent usefulness of the product outweighs its known risk. Singer v. Sterling Drug, Inc., 461 F. 2d 288, 290 (7th Cir.), cert. denied, 409 U.S. 878, 93 S.Ct. 131, 34 L.Ed.2d 132 (1972). Since the usefulness of the product must outweigh the product risk before a comment k defense is available, evidence of product efficacy is relevant in a comment k case. White’s defense throughout this case has…