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: Arkansas Business Litigation BlogArkansas Supreme Court Reverses Despain In Wake of Reigel v. Medtronic
By H. William Allen et al.
The Arkansas Supreme Court reversed itself in light of a recent decision of the United States Supreme Court in Despain v. Bradburn, No. 07-714. The Court held in an earlier decision that "that the Medical Device Amendment (MDA) to the federal Food, Drug, and Cosmetic Act did not preempt a state-law tort claim filed against the manufacturer of a medical device."
Today, recognizing that the United States Supreme Court held "precisely the opposite" in its recent decision, Riegel v. Medtronic, the Court reversed itself on a petition for rehearing filed by Soundtec, one of the defendants in the case. Justice Glaze, who wrote the Court's original Despain opinion wrote today's decision.
Full post as published by Arkansas Business Litigation Blog on April 10, 2008 (boomark / email).
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