Author: barry.belmont
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A precedential case: hybrid medical devices
On March 1, 2018, the U.S. Court of Appeals for the Third Circuit issued a first-of-its-kind decision upholding that federal law can (and does) preempt state law claims in suits brought against medical device manufacturers over medical devices containing components of differing regulatory classifications. The case, Shuker v. Smith & Nephew, arose when a Mr.…
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Obergefell of Obergefell v. Hodges
“Recounting the circumstances of three of these cases illustrates the urgency of the petitioners’ cause from their perspective. Petitioner James Obergefell, a plaintiff in the Ohio case, met John Arthur over two decades ago. They fell in love and started a life together, establishing a lasting, committed relation. In 2011, however, Arthur was diagnosed with…