MEDTRONIC, INC. v. LOHR

No. 95-754.

518 U.S. 470 (1996)

MEDTRONIC, INC. v. LOHR et vir

United States Supreme Court.

Decided June 26, 1996.


Attorney(s) appearing for the Case

Arthur Miller argued the cause for Medtronic, Inc., in both cases. With him on the briefs were Daniel G. Jarcho, Donald R. Stone, Kenneth S. Geller, Roy T. Englert, Jr., Alan E. Untereiner, Dennis P. Waggoner, Ronald E. Lund, John W. Borg, and Sue R. Halverson.

Brian Wolfman argued the cause for Lohr et vir in both cases. With him on the brief were Allison M. Zieve, Alan B. Morrison, Laurence H. Tribe, Robert L. Cowles, and Robert F. Spohrer.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Days, Deputy Assistant Attorney General Preston, Richard H. Seamon, and Douglas N. Letter.

Stevens, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V, and VII, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and an opinion with respect to Parts IV and VI, in which Kennedy, Souter, and Ginsburg, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment, p. 503. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, p. 509.


Justice Stevens announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V, and VII, and an opinion with respect to Parts IV and VI, in which Justice Kennedy, Justice Souter, and Justice Ginsburg join.

Congress enacted the Medical Device Amendments of 1976, in the words of the statute's preamble, "to provide for the safety and effectiveness of medical devices intended for...

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