Wednesday, December 5, 2007
Linda Greenhouse at the New York Times reports on the oral arguments yesterday in Riegel. In Greenhouse's view, Ted Olson (representing Medtronic) seemed to sway some Justices including Justice Scalia; Justices Kennedy, Souter and Stevens, however, appeared concerned "about shielding manufacturers during a regulatory 'hiatus,' after a manufacturer had discovered a problem with an approved device but before the F.D.A. had learned of it or taken action."
Beck & Hermann over at Drug & Device Law Blog also have a report from the oral argument by their friend Tom Parker. Beck & Hermann are "cautiously optimistic that there will be a pro-preemption ruling in Riegel."