BROOKS v. MENTOR WORLDWIDE LLC

No. 19-3240.

985 F.3d 1272 (2021)

Amber BROOKS; Jamie Gale, Plaintiffs-Appellants, v. MENTOR WORLDWIDE LLC, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 26, 2021.


Attorney(s) appearing for the Case

Anthony A.B. Dogali ( Barbara U. Uberoi with him on the briefs), Dogali Law Group, P.A., Tampa, Florida, for Plaintiffs-Appellants.

Dustin B. Rawlin ( Jeffrey C. Sindelar, Jr. with him on the brief), Tucker Ellis LLP, Cleveland, Ohio, for Defendant-Appellee.

Before HARTZ, PHILLIPS, and CARSON, Circuit Judges.


As is its prerogative, Congress heavily regulates the production and use of medical devices. In doing so, Congress has introduced federal law to an area state law, alone, once governed. That introduction of federal law has left, by both express and implied preemption, only a narrow gap within which a plaintiff can plead a...

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