We’ve just received a copy of the Supreme Court’s decision in Riegel v. Medtronic. Here’s a copy. We haven’t even read it all yet, but it’s looking like a big win for preemption. Justice Scalia wrote the majority opinion for 7 Justices. Justice Stevens concurred and Justice Ginsburg dissented. The PMA process sets “requirements” within the meaning of the statute. The plaintiff’s common-law tort claims would have created differing state “requirements,” which are not “general” within the meaning of Lohr.
We’re sure we’ll have more to say, but we wanted to let everyone know.