Medtronic Wins On Preemption In Wis. High Court

Law360 (February 18, 2009, 12:00 AM EST) -- The Wisconsin Supreme Court has agreed with an appeals court in a heated battle of regulatory preemption, ruling that Medtronic Inc. could not be liable for injuries caused by a defibrillator because the U.S. Food and Drug Administration had approved the device.

Wisconsin Supreme Court Judge Patience Roggensack affirmed the appeals court judgment on Tuesday, almost a year after the U.S. Supreme Court ruled in Riegel v. Medtronic that a company cannot be sued under state law if a device that has undergone the FDA’s premarket...
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