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Supreme Court Case Pits FDA Against State Courts

Law360, New York (November 30, 2007, 12:00 AM EST) -- The Supreme Court heard arguments Tuesday in a federal preemption dispute concerning a man who sued Medtronic after his premarket-approved catheter burst mid-surgery.

Most of the nine justices seemed skeptical of Allison Zieve's assertion that state court tort claims bolster the Food and Drug Administration. Zieve, a lawyer from Public Citizen Litigation Group, represents the late Charles Riegel's wife Donna.

Several of the justices appeared more receptive to the arguments of Ted Olson, a lawyer from Gibson Dunn & Crutcher LLP who represented Medtronic. Olson argued...
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