FELDT v. MENTOR CORP.

No. 94-20592.

61 F.3d 431 (1995)

Sam FELDT, Plaintiff-Appellant, v. MENTOR CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 1995.


Attorney(s) appearing for the Case

Jeffrey P. Hintermeister, Houston, TX, for appellant.

Brian Wolfman, Public Citizen Liti. Grp., and Arthur Bryant, Washington, DC, for amicus, Public Citizens & Trial Lawyers.

Earnest W. Wotring and Michael Connelly, Mayor, Day, Caldwell & Keeton, L.L.P., Houston, TX, for appellee.

Richard A. Samp, Washington, DC, for amicus, Washington Legal Foundation.

Before WISDOM, GARWOOD and DAVIS, Circuit Judges.


GARWOOD, Circuit Judge:

In this products liability suit, plaintiff-appellant Sam Feldt (Feldt) appeals the district court's award of summary judgment, on the basis of preemption, for defendant-appellee Mentor Corporation (Mentor). We affirm in part, reverse in part, and remand.

Facts and Proceedings Below

On October 19, 1988, in an effort to cure erectile impotency, Feldt, then 68 years old, had implanted a pump-activated, Mentor GFS inflatable penile...

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