MARTIN v. TELECTRONICS PACING SYSTEMS, INC.

No. 94-4003.

70 F.3d 39 (1995)

Ada M. MARTIN; Harold L. Martin, Plaintiffs-Appellants, v. TELECTRONICS PACING SYSTEMS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1995.


Attorney(s) appearing for the Case

Frank A. Ray (argued and briefed), Ray, Todaro & Alton, Columbus, OH, Terry L. Kilgore (briefed), Columbus, OH, for Plaintiffs-Appellants.

David C. Greer (briefed), Howard P. Krisher, Bieser, Greer & Landis, Dayton, OH, Michael J. Weber (argued), James A. Gale, Feldman, Gale & Weber, Miami, FL, for Defendants-Appellees.

Before: KENNEDY and MOORE, Circuit Judges; JOHNSTONE, District Judge.


KENNEDY, Circuit Judge.

Plaintiffs, Ada and Harold Martin, appeal from a grant of summary judgment for defendants in this diversity action alleging state product liability and related tort claims arising out of the implantation of an experimental medical device. The District Court held that federal law preempted plaintiffs' claims. Plaintiffs appeal this decision and also argue in the alternative that if their claims are preempted, it is a violation of their Seventh...

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