Litigation

Recent Posts

9th Circuit: Federal Law Doesn't Preempt Parallel State Law Device Claim
Posted on 10 Jan 2013 by Tom Moylan

SAN FRANCISCO- (Mealey's) The Ninth Circuit U.S. Court of Appeals, sitting en banc , ruled Jan. 10 that federal law does not preempt, expressly or by implication, a state law failure-to-warn claim alleging that Medtronic Inc. violated its federal... Read More

U.S. Supreme Court Won’t Hear Drug Pump Adverse Event Preemption Case
Posted on 23 Jun 2014 by Tom Moylan

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 23 let stand a federal appeals court ruling that there is no preemption of a claim that medical device manufacturer Medtronic Inc. violated its duty under federal law to report adverse... Read More

10th Circuit Majority Says Infuse Off-Label Claims Are Preempted By Congress
Posted on 21 Apr 2015 by Tom Moylan

DENVER — (Mealey’s) In a 2-1 decision, a panel of the 10th Circuit U.S. Court of Appeals on April 21 affirmed that a plaintiff’s claim alleging off-label promotion and use of Medtronic Inc.’s Infuse bone graft system is preempted... Read More