Riolo v Polidoro

Memo of Law to Dismiss based on Federal Pre-emption


Dismissal/summary judgement for defendant is compelled based upon federal pre-emption for all product liability claims against a manufacturer of a Class III Pre-Market Approval device as set forth in Riegel v Medtronic, Inc., 552 U.S. 312 (2008); Mitaro v. Medtronic, Inc., 73 A.D.3d 1142, 900 N.Y.S.2d 899 (2d Dep’t 2010). Claims for product liability negligence (failure to warn, negligent design, negligent manufacture), strict product liability, breach of warranty and loss of consortium arising out of these claims are pre-empted by the Medical Device Act of 1976, 21 USC § 360K(a),

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 2nd Circuit, New York | United States

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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