En Banc Ninth Circuit Adopts Narrow Construction of Buckman Implied Preemption

As we last noted here, the expansive interpretation in Stengel v. Medtronic Inc. of implied preemption of state law medical device claims has been under en banc review.  The en banc opinion was released late last week.  It is, to put it mildly, a substantial adjustment from the view of implied preemption laid out by the prior 3-judge panel.  For my take on the opinion, you can visit the Washington Legal Foundation’s Legal Pulse blog, here.

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