Preemption Questions Persist: Supreme Court Doesn’t Take Bait In Medtronic Case
This article was originally published in The Gray Sheet
Executive Summary
The Supreme Court’s decision not to take up Stengel v. Medtronic could make device firms vulnerable to more product liability suits by leaving open questions about the federal preemption defense for PMA-approved devices. Meanwhile, the Obama administration recently issued a legal interpretation that, if adopted, would surely weaken the defense.