Riegel Preempts Conn. Defibrillator Suit: Court

Law360, New York (May 7, 2009, 12:00 AM EDT) -- Pointing to the U.S. Supreme Court's 2008 Riegel decision, a Connecticut appeals court has affirmed the dismissal of a product liability suit against Guidant Corp., finding that federal law regulating medical devices preempts defective design claims related to an implantable defibrillator.

In an opinion released Wednesday, the Connecticut Appellate Court ruled that the trial court made a procedural error in considering the preemption question created under Riegel v. Medtronic Inc. to be an issue of subject matter jurisdiction, but nonetheless upheld the lower court's result....
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