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Ninth Circuit Backs Plaintiffs in Medical Device Litigation

The ruling in Stengel v. Medtronic is a win for plaintiffs and for Judge John Noonan, who dissented from a panel decision last year finding pre-emption. The en banc decision adopting Noonan’s point of view was unanimous, though Judge Paul Watford penned a concurrence suggesting that plaintiffs Richard and Mary Lou Stengel may have won a Pyrrhic victory.

Read entire article: http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202584095293

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