The Federal Preemption Battle Has Just Begun

Law360, New York (October 23, 2008, 12:00 AM EDT) -- After the Supreme Court’s decision in Riegel v. Medtronic Inc. on Feb. 20, 2008, there was widespread applause by manufacturers, retailers, chambers of commerce and the defense bar.

After all, with only Justice Ginsburg dissenting, the Court struck a strong blow against state common-law tort and product liability claims – and consequently, also against growing personal injury damage awards and the plaintiffs bar.

By holding that the Food and Drug Administration’s (FDA) premarket approval process for Class III medical devices established federal requirements, and that those...
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