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Articles 1 - 5 of 5
Full-Text Articles in Torts
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
William & Mary Law Review
No abstract provided.
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Journal of Law and Health
This article attempts to reconcile the competing purposes of the MDA, and to offer one alternative to effectuate Congress' purposes without preempting some claims and permitting others. First, this article will describe the arrangement of the MDA, including the classification provisions for medical devices and the preemption provision of the MDA. Next, this article will interpret the caselaw regarding preemption in general, and specifically preemption of state tort claims by the MDA. Finally, this article seeks to reconcile two competing purposes of Congress in enacting the MDA through implied preemption of state tort claims, with exceptions for devices which have …
Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry
Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry
Journal of Law and Health
This comment discusses the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act and its effect on the marketing of medical products. Part II examines the statutory language of the MDA and its regulatory impact on medical devices. Part III explores the history of the preemption doctrine established by the Supreme Court Cipollone. Part IV delineates the facts and procedural history of Medtronic v. Lohr and analyzes the effect of this case on the federal preemption of state common law suits. Finally, Part V assesses the impact of this decision on the medical device industry and the expansiveness …
Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson
Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson
Oklahoma Law Review
No abstract provided.
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Law Faculty Scholarly Articles
Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …