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Article: The 10,000 pound gorilla: federal preemption in class III medical device cases.
- Article from:
- Florida Bar Journal
- Article date:
- October 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Federal preemption is a powerful defense for device manufacturers in Class III medical device cases. The majority of federal appellate courts around this country have ruled in favor of device manufacturers based on this defense, and they have gone on to dismiss plaintiffs' state law tort claims with prejudice. However, the 11th Circuit sits alone like an island on the subject, having issued an opinion where it found no federal preemption in a Class III medical device case. Because neither the U.S. Supreme Court nor the Florida Supreme Court has issued opinions on the subject, and Florida courts are not bound by decisions out of the 11th Circuit, the defense of federal ...