Judge Tosses Most Claims In Medtronic Class Action

Law360, New York (April 19, 2011, 7:40 PM EDT) -- A federal judge in Minnesota ruled Tuesday that most claims against Medtronic Inc. in a putative class action are preempted by federal law, dealing a setback to the third-party payors seeking reimbursement for the costs of replacing faulty pacemaker defibrillators.

U.S. District Judge Patrick J. Schiltz dismissed state law consumer protection, express warranty, unfair and deceptive trade practices and unjust enrichment claims on the grounds that they were preempted under the 1976 Medical Device Amendments to the Federal Food, Drug and Cosmetic Act, which regulates the...
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