TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, July 3, 2007

SCOTUS Grants Cert in Medical Preemption Case

The Supreme Court granted cert in Riegel v. Medtronic Inc., No. 06-179.   The question presented is:

Whether the express preemption provision of the Medical Device Amendments to the Food, Drug and Cosmetic Act, 21 U.S.C. ยง 360k(a), preempt state law claims seeking damages for injuries caused by medical devices that received premarket approval from the Food and Drug Administration.


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