As we noted here, the Ninth Circuit Court of Appeals’ decision in Stengel v. Medtronic Inc. is making its way through en banc review. Stengel, which involved both Riegel express preemption and Buckman implied preemption of state law claims regarding medical devices, was re-heard by the full Ninth Circuit on September 19, 2012. An audio recording of the hearing is available here. Pending the en banc panel’s ultimate determination, readers interested in the scope of Buckman implied preemption may appreciate my article, recently published by the Washington Legal Foundation, which briefly surveys the competing interpretations of Buckman in the federal appellate circuits and analyzes the Stengel opinion in that context.