The Supreme Court heard oral arguments for Riegel v. Medtronics, Inc. on December 4th. Riegel is not an environmental case, but it raises significant issues for all preemption cases. The specific question presented in Riegel is whether the federal laws governing medical devices preempt state common law tort remedies. CRC has provided commentary on the importance of this case to our issues on our blog, Warming Law.
On Feb. 20th, in an 8-1 opinion written by Justice Scalia, the Court sided with Medtronic's (and the Bush administration's) assertion that federal law preempts state lawsuits like the one undertaken by the Riegels.
Read an op-ed on the ruling by CRC's Doug Kendall from Slate here.
Read commentary on the ruling from our blog, Warming Law here.
Read CRC's brief: Riegel v. Medtronics, Inc.
Soliciter General's Brief
American Association for Justice and Public Justice
Senator Edward Kennedy and Representative Henry Waxman
Advanced Medical Technology Ass’n
Chamber of Commerce
Notice of Death and Motion for Substitution
Response to Motion for Substitution