"Hughes v. Boston Scientific Corp" Chapter in FDLI's Top 20 Food and Drug Cases, 2011, and Cases to Watch, 2012


Partner Eric Gotting has authored a chapter in Top 20 Food and Drug Cases, 2011, and Cases to Watch, 2012, published by the Food and Drug Law Institute (FDLI). The section reviews the latest federal appeals court decision, Hughes v. Boston Scientific Corp, addressing federal preemption of state claims under the Food, Drug, and Cosmetic Act and the Medical Device Amendments of 1976 with respect to Class III medical devices. It also examines how that case fits into the existing case law with respect to express preemption and the Supreme Court's decision in Riegel v. Medtronic, as well as implied preemption under the Court's decision in Buckman v. Plaintiffs' Legal Committee.

FDLI's Top 20 Cases discusses the practical impact on food and drug law stakeholders of recent cases, important settlements, administrative actions, and cases to watch in 2012. For more information, please visit FDLI's website.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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