context: Indeed, it has been observed by one court that "in the ten months following Riegel, courts across the country have applied Section 360k broadly, preempting all manner of claims from strict products liability and negligence ... to failure to warn and manufacturing-and-design defect."
citation_a.signal: but see
citation_a.identifier: 597 F.Supp.2d 830, 839-40
citation_a.parenthetical: holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the FDA
citation_a.sentence: Lemelle, 698 F.Supp.2d at 682-83 (noting that state law product liability claims are preempted by the MDA); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F.Supp.2d 1147, 1152 (D.Minn.2009) (collecting cases); see also Funk, 673 F.Supp.2d at 531 (dismissing claims for strict liability, negligence, and violations of the DTPA); Delaney, 2009 WL 564243, at *2-*7 (concluding that Plaintiffs claims for failure to warn, defective manufacture, defective design, negligence and recklessness, breach of warranties, and fraud were preempted because they imposed different or additional requirements upon the Trident System); Horowitz v. Stryker, 613 F.Supp.2d 271 (E.D.N.Y.2009) (holding that plaintiffs negligence, defective manufacturing, defective design, breach of warranty, and failure to warn claims were preempted by the MDA and FDCA (defined below)); but see Hofts v. Howmedica Osteonics Corp., 597 F.Supp.2d 830, 839-40 (S.D.Ind.2009) (holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the FDA).
citation_b.signal: see also
citation_b.parenthetical: concluding that Plaintiffs claims for failure to warn, defective manufacture, defective design, negligence and recklessness, breach of warranties, and fraud were preempted because they imposed different or additional requirements upon the Trident System
citation_b.sentence: Lemelle, 698 F.Supp.2d at 682-83 (noting that state law product liability claims are preempted by the MDA); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F.Supp.2d 1147, 1152 (D.Minn.2009) (collecting cases); see also Funk, 673 F.Supp.2d at 531 (dismissing claims for strict liability, negligence, and violations of the DTPA); Delaney, 2009 WL 564243, at *2-*7 (concluding that Plaintiffs claims for failure to warn, defective manufacture, defective design, negligence and recklessness, breach of warranties, and fraud were preempted because they imposed different or additional requirements upon the Trident System); Horowitz v. Stryker, 613 F.Supp.2d 271 (E.D.N.Y.2009) (holding that plaintiffs negligence, defective manufacturing, defective design, breach of warranty, and failure to warn claims were preempted by the MDA and FDCA (defined below)); but see Hofts v. Howmedica Osteonics Corp., 597 F.Supp.2d 830, 839-40 (S.D.Ind.2009) (holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the FDA).