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US District Court Order Makes Preemption Case

January 12, 2009
A federal district judge cited preemption as grounds to toss out a multidistrict litigation (MDL) against Medtronic, testing Congress’ resolve to overturn a Supreme Court decision upholding preemption for devices. The U.S. District Court for the District of Minnesota last week determined that all of the claims asserted in a master consolidated complaint against Medtronic are preempted and should be dismissed with prejudice. Judge Richard Kyle gave the plaintiffs until Jan. 27 to show cause why he should not dismiss each claim in the MDL.
Devices & Diagnostics Letter