TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

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Wednesday, February 20, 2008

Breaking: Riegel is Out, 7-1 for Preemption

The opinion is here [PDF]. Scalia wrote the majority opinion; Ginsburg dissented. There's some concurring in part going on too by Stevens. The opinion concludes that state common law claims based on medical devices that received premarket approval are preempted by federal law.

Update: The Drug & Device blog has a post on it; it's the first semi-in-depth post I've seen so far, at least in my usual rotation.

--BC

http://lawprofessors.typepad.com/tortsprof/2008/02/breaking-riegel.html

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