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: TortsProf Blog

Breaking: Riegel is Out, 7-1 for Preemption

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The opinion is here [PDF]. Scalia wrote the majority opinion; Ginsburg dissented. There's some concurring in part going on too by Stevens. The opinion concludes that state common law claims based on medical devices that received premarket approval are preempted...

Full post as published by TortsProf Blog on February 20, 2008 (boomark / email).

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