Supreme Court Medical Device Preemption

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The FDA, Preemption, and the Supreme Court | NEJM

https://www.nejm.org/doi/full/10.1056/NEJMp0802108

The Medical Device Amendments to the Food, Drug, and Cosmetics Act contain explicit preemption language that prohibits states from establishing “any requirement” that is “different from, or in...

Medical Device Product Liability Claims & Cases: Recent …

https://www.spilmanlaw.com/dataentry/resources/attorney-articles/products-liability/recent-developments-in-federal-preemption-of-phar

Recent Supreme Court Decisions of Relevance Against this regulatory landscape, the United States Supreme Court considered three appeals over its last two …

US Supreme Court Refines Impossibility Preemption …

https://www.mwe.com/insights/us-supreme-court-refines-impossibility-preemption-doctrine-changes-litigation-dynamics/

On May 20, 2019, in a unanimous judgment, the US Supreme Court decided Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, an important impossibility …

Supreme Court Considers Preemption for PMA Devices

https://www.mddionline.com/news/supreme-court-considers-preemption-pma-devices

On December 4, 2007, the U.S. Supreme Court heard oral arguments in Riegel v. Medtronic Inc. The Court's much-anticipated decision—expected in July 2008—should …

Preemption Definition - How the Doctrine Limits Lawsuits

https://www.drugwatch.com/legal/preemption/

The U.S. Constitution has a provision known as the Supremacy Clause, which says that federal law shall be the supreme law of the land. This means that federal law is superior …

How to Argue Medical Device Preemption for the DEFE

https://www.mayerbrown.com/-/media/files/news/2012/11/how-to-argue-medical-device-preemption/files/how-to-argue-medical-device-preemptionfor-the-defe/fileattachment/how-to-argue-medical-device-preemptionfor-the-defe.pdf

Medical Device Preemption tion defense, if it is effective, can secure dismissal as a matter of law in the face of unfavorable facts and sympathetic plain-tiffs, regardless of …

Supreme Court Strengthens Preemption Defense for …

https://www.mcguirewoods.com/client-resources/Alerts/2008/2/Supreme-Court-Strengthens-Preemption-Defense-for-Medical-Device-Litigation

Supreme Court Strengthens Preemption Defense for Medical Device Litigation. February 21, 2008. Yesterday the United States Supreme Court dealt a …

The Medical Device Federal Preemption Trilogy

https://www.uwyo.edu/law/directory/_files/frank-jackson%20final.pdf

For nearly forty years, federal preemption in medical device cases has been an unpredictable and controversial area of jurisprudence. As a result of the most recent …

The Supreme Court Rules on Medical Device Liability

https://biotech.law.lsu.edu/ieee/ieee25.htm

Despite pacemakers being a Class III device, the highest priority for phasing out 510k review, the FDA had failed to establish detailed standards for pacemakers and had not …

Parallel or Preempted? The Massachusetts Supreme …

https://blogs.duanemorris.com/productsliability/2021/03/05/parallel-or-preempted-the-massachusetts-supreme-judicial-court-highlights-the-inconsistency-among-courts-regarding-pleading-standards-for-parallel-claims-involving-medical-devices/

The issue of preemption of state law claims involving a medical device recently arose in the Massachusetts Supreme Judicial Court case, Dunn v. Genzyme …

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