Arrow, J&J Liability Claims Preempted: 11th Circ.

Law360, New York (March 8, 2011, 7:39 PM EST) -- The Eleventh Circuit affirmed Tuesday that product liability claims against Arrow International Inc. and Johnson & Johnson were preempted by the Medical Device Amendments, thereby sharpening a circuit split on the issue.

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit ruled that plaintiffs Linda Wolicki-Gables and her husband Robert failed to allege facts demonstrating the presence of the elements of a parallel claim.

As a result, the lower court did not err in concluding that the Wolicki-Gables' state common law claims...
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