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DILLON v. MEDTRONIC, INC.

Civil No. 13-105-ART.

992 F.Supp.2d 751 (2014)

Winston DILLON, Jr. and Teresa Dillon, Plaintiffs, v. MEDTRONIC, INC., et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

January 6, 2014.

Attorney(s) appearing for the Case

Anita Parsons Johnson , Gary C. Johnson , Gary C. Johnson, P.S.C., Pikeville, KY, Gregory J. Bubalo , Kenneth L. Sales , Leslie M. Cronen , Bubalo, Goode, Sales & Bliss PLC, Louisville, KY, for Plaintiffs.

Andrew E. Tauber , Mayer Brown, LLP, Washington, DC, Julie Marie McDonnell , Carol Dan Browning , Stites & Harbison, PLLC, Louisville, KY, Daniel L. Ring , Mayer Brown LLP, Chicago, IL, Murray S. Levin , Sean P. Fahey , Pepper Hamilton LLP, Philadelphia, PA, Matthew Robert Hall , Miranda Dawn Click , Pamela T. May , Pam May Law Firm, P.S.C., Pikeville, KY, for Defendants.

AMENDED AND SUPERSEDING MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

Congress offers two roads into federal court based on federal questions, and the state-court defendants in this case seek to take the one less traveled. Unfortunately that road is closed to them. Although the defendants allege federal law preempts the plaintiffs' claims, preemption is merely a defense, and thus does not count for the purposes of jurisdiction. The Court must...

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