The Dispositive Preemption Question

Law360, New York (July 30, 2007, 12:00 AM EDT) -- In a classic federalism battle pitting the makers of medical devices against the plaintiff's bar deploying state law based tort claims, the U.S. Supreme Court will hear Riegel v. Medtronic (No. 06-179) in the fall. In doing so, it will resolve judicial conflict over the preemptive effect of the medical device amendments of 1976 on the Food, Drug and Cosmetic Act. See Riegel v. Medtronic Inc., 2006 WL 2849233 (S. Ct. June 25, 2007)

Defendant manufacturers argue that premarket FDA approval of medical equipment trumps and...
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