Photo of John Sullivan

For the holidays, we have for you the story of Littlebear v. Advanced Bionics, LLC, 2012 U.S. Dist. LEXIS 179388 (N.D. Ok. Dec. 19, 2012).  The story is to be sung, of course, to the tune of Winter Wonderland.  Enjoy boys and girls.

Preemption Wonderland

Sleigh bells ring, Buckman Preemption,
In the lane, PMA Preemption
A beautiful sight,
We’re happy tonight.
Walking in Preemption wonderland.

Gone away, negligence per se
Enforcing regs, that’s for FDA
We sing a love song,
As we go along,
Walking in Preemption wonderland.

In the complaint plaintiff has a strawman,
Fix the PMA mark your AEs down
He says: Are these claims?
Court says: Buckman,
They can’t do the job
Get out of town.

Later on, plaintiff conspires,
Obligations, his own desires,
They’re not FDA made,
Or just too darn vague,
Walking in Preemption wonderland.

In the complaint some claims they don’t go man,
They’re parallel and get to hang around,
But that’s not a lot,
don’t you know man,
Later the defense
can knock ‘em down.

When courts preempt, ain’t it thrillin’,
Plaintiff’s nose gets a chillin’
We’ll frolic and play, the pro-defense way,
Walking in Preemption wonderland.