California Appellate Tracker

In re Essure Product Cases (2023) 98 Cal. App. 5th 228

February 10, 2024

ERISA did not preempt an ERISA plan’s suit against Bayer, the manufacturer of an allegedly defective pregnancy prevention device. The Plan’s claims for negligence, products liability, failure to warn (of defects in the device), etc. did not act immediately and exclusively on ERISA plans. The ERISA plan was relevant to the claims only insofar as it granted the plan a right of subrogation to the plan beneficiaries’ claims against Bayer. That connection was insufficient to justify preemption.

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California Appellate Tracker

In re Essure Product Cases (2023) 98 Cal. App. 5th 228

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