10th Circ. Ruling Bolsters Medical Device Preemption Defense

Law360 (February 23, 2021, 3:50 PM EST) -- On Jan. 26, the U.S. Court of Appeals for the Tenth Circuit issued a published opinion in Brooks v. Mentor Worldwide LLC that affirms the continued strength and vitality of preemption defenses for makers of Class III medical devices.[1]

The ruling is significant in that it rejects commonly seen efforts of plaintiffs counsel to plead around both the express preemption bar set forth in Title 21 of the U.S. Code, Section 360k,[2] as discussed in the U.S. Supreme Court's 2008 opinion in Riegel v. Medtronic Inc.,[3] and the implied preemption bar found in Section 337,[4] as explained in the high court's...

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