Medtronic Preemption Case Turned Away By Supreme Court

Law360, New York (October 1, 2012, 8:10 PM EDT) -- The U.S. Supreme Court on Monday declined to take up a challenge to the Fourth Circuit's finding that malfunctioning medical devices are in violation of federal law only if they do not meet performance standards established by the U.S. Food and Drug Administration, a decision that clarified the court's 2008 Riegel ruling.

The high court denied a writ of certiorari from plaintiff Sherry Walker, who appealed a Fourth Circuit decision in January affirming that the 1976 Medical Device Amendments to the Federal Food, Drug and Cosmetic...
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