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Preemption: Coming To A Court Near You In 2009

Law360 (January 13, 2009, 12:00 AM EST) -- The United States Supreme Court’s (“USSC”) recent and imminent decisions concerning federal preemption will likely have a noticeable impact in 2009 on pharmaceutical and medical device litigation.

Within the past month, a federal district court coordinating a major multidistrict litigation terminated it entirely by dismissing all claims with prejudice based upon the USSC’s Riegel v. Medtronic Inc., 128 S. Ct. 999 (U.S. 2008) decision. In re Medtronic Inc. Sprint Fidelis Leads Products Liability Litigation MDL No. 08-1905 (D. Minn. 2008) (“Sprint Fidelis”).

Furthermore, in early October,...
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