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CONKLIN v. MEDTRONIC, INC.

No. 1 CA-CV 16-0252.

418 P.3d 912 (2017)

776 Ariz. Adv. Rep. 17

Raymond R. CONKLIN, II, et al., Plaintiffs/Appellants, v. MEDTRONIC, INC., et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED October 19, 2017.

Attorney(s) appearing for the Case

O'Steen & Harrison, PLC, Phoenix, By Paul D. Friedman , Jonathan V. O'Steen , Counsel for Plaintiffs/Appellants.

Maslon LLP, Minneapolis, MN, By Michael C. McCarthy , Erica A. Holzer , Pro Hac Vice Co-Counsel for Defendants/Appellees.

Greenberg Traurig, LLP, Phoenix, By Nicole M. Goodwin , Nedda R. Gales , Co-Counsel for Defendants/Appellees.

Knapp & Roberts, PC, Scottsdale, By David L. Abney , Counsel for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Presiding Judge Randall M. Howe delivered the opinion of the Court, in which Judge Lawrence F. Winthrop and Judge Jon W. Thompson joined.

OPINION

¶ 1 Raymond R. Conklin, II and his wife Joanne M. Conklin appeal from the dismissal of their action against Medtronic, Inc. as preempted by federal law. We affirm as preempted the trial court's dismissal of the Conklin's product liability, breach of express warranty, and negligence causes of action. We vacate...

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