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Preempting Preemption: Device Cases After Shuker — Part 2

Law360 (April 13, 2018, 11:47 AM EDT) -- Last month, multiple articles were published in Law360 about a recent Third Circuit Court of Appeals opinion, Shuker v. Smith & Nephew PLC, which held that many of the plaintiff’s claims in a hip implant personal injury case against Smith & Nephew survived express and implied preemption challenges.

Despite what some authors have suggested, preemption is becoming less of a blanket protection to device companies, as courts look carefully at the facts surrounding allegations of noncompliance with the “Conditions of Approval” the company agreed to when...
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