Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Preemption Without Borders: The Modern Conflation Of Tort And Contract Liabilities, Max N. Helveston
Preemption Without Borders: The Modern Conflation Of Tort And Contract Liabilities, Max N. Helveston
Georgia Law Review
Medical device jurisprudence has taken a turn for the worse recently, turning a deaf ear to patients who have been injured or killed by devices and covertly expanding the boundaries of federal preemption in ways that threaten fundamental contractual principles. Ever since the Court's holding in Riegel v. Medtronic, district and appellate courts have effectively immunized the manufacturers of certain devices from contract, as well as tort, liabilities. The lower courts' rulings are not only
problematic as a matter of law, but raise novel concerns about federal regulatory preemption undermining individuals' contract rights. A comprehensive analysis of the Court's medical …