High Court Ask DOJ To Weigh In On Damages

Law360, New York (November 7, 2006, 12:00 AM EST) -- In a case related to an injury allegedly caused by a balloon catheter manufactured by Medtronic Inc., the U.S. Supreme Court has invited the Department of Justice to present its views on whether federal law preempts state-law damages claims when a medical device has received premarket approval.

The request was made Monday to the Solicitor General, the federal government’s lawyer in the Department of Justice, who will now report back to the court.

According to a writ of certiorari filed this August, the lower courts have...
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