PURCHASE v. ADVANCED BIONICS, LLC

No. 2:08-cv-02442-JPM.

896 F.Supp.2d 694 (2011)

Christine PURCHASE, individually and as next friend and mother of Clyce ("Chase") Purchase-Weatherly, a minor, Plaintiff, v. ADVANCED BIONICS, LLC d/b/a Advanced Bionics Corporation and Advanced Bionics Holding Corporation d/b/a Advanced Bionics Corporation and Astro Seal, Inc., Defendants.

United States District Court, W.D. Tennessee, Western Division.

August 4, 2011.


Attorney(s) appearing for the Case

Edwin E. Wallis, III , Tim Edwards , Glassman Edwards Wade & Wyatt, PC, Memphis, TN, for Plaintiff.

Gregory G. Fletcher , Stacie S. Winkler , Baker Donelson Bearman Caldwell & Berkowitz, Memphis, TN, Kara Jean Rosenthal , Craig R. May , Jessica G. Scott , Michael L. O'Donnell , Wheeler Trigg O'Donnell, LLP, Denver, CO, for Defendants.


NOTICE OF FINDINGS ON PREEMPTION

JON P. McCALLA, Chief Judge.

Defendant alleges that Plaintiffs' claims are preempted by federal law. This issue is governed by the Supreme Court cases of Riegel v. Medtronic, Buckman v. Plaintiffs' Legal Committee, and Medtronic v. Lohr,1 and the Sixth Circuit cases of Howard v. Sulzer Orthopedics, Kemp v. Medtronic, and Cupek v. Medtronic.2

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