The Supreme Court briefing is now complete in Riegel v. Medtronic. For preemption wonks like us, that’s sort of like being a kid in a candy store – so we’ve taken a good look at what have to be the best and most state of the art defense preemption arguments around for those of
A long time ago – blogwise, anyway – we put together a post that described and linked to all the FDA’s amicus curiae briefs that the Agency had filed in favor of preemption in prescription drug and medical device product liability litigation. Several things have happened since then. One of those things was that we
The Solicitor General has just weighed in today with his amicus curiae curiae brief in Riegel v. Medtronic, Inc., No. 06-179 (U.S. filed May 2007). You can read the brief here. (hit the “download” button to get the PDF)
The Solicitor General recommends against the Court accepting the appeal (“certiorari” is the technical
As everyone who litigates drug and medical device cases knows, the FDA has filed a number of briefs as amicus curiae over the past few years. It strikes us that it would be a good idea to collect them all in one place. Not only is this collection a resource in its own right, but
We told you that we would use this blog as a file drawer as well as a way to communicate. For future reference, here are links to all of the briefs filed on behalf of the pharmaceutical manufacturers in the Third Circuit in Colacicco: the Joint Brief for Appellees, the FDA’s amicus brief