Bryant v. Medtronic, Inc. (Eighth Circuit)

In Riegel v. Medtronic, Inc., the Supreme Court established a two-part test for determining whether claims involving a Class III medical device that has received pre-market approval from the FDA are preempted. The Sprint Fidelis defibrillator lead multi-district litigation led to the first significant appellate decision addressing efforts by the plaintiffs’ bar to plead claims that avoid preemption.  In the district court, we secured dismissal of all claims pleaded in the master consolidated complaint.  And on appeal, we successfully defended that outcome.  Moreover, as national coordinating counsel for Medtronic, we had an overwhelmingly successful track record dismissing similar claims in courts across the country.


Opposition to Appellant's Petition for Rehearing

Appellee's Brief