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Supreme Court Strengthens Preemption Defense for Medical Device Litigation |
April 2, 2008
Previously published on February 21, 2008
Yesterday the United States Supreme Court dealt a significant blow to the Plaintiffs' Bar's ability to pursue tort claims involving medical devices cleared by pre-market approval ("PMA") application. In an 8 to 1 opinion authored by Justice Scalia, the Court handed down their first opinion in a trilogy of FDA preemption cases currently before the Court.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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