Ninth Circuit Backs Plaintiffs in Medical Device Litigation

, The Recorder


Judge William Fletcher's majority opinion says they can avoid federal pre-emption, but a concurrence warns that the court created a new obstacle.

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What's being said

  • David D. Murray

    Although not dispositive on the merits of the underlying action, at least the 9th Circuit's ruling results in the facts of the Stengels' case before the trial court for a determination of causation. It is always good to see reason and logic prevail and this is one large step forward in that regard.

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