In Riegel v. Medtronic, Inc., the plaintiffs have petitioned the U.S. Supreme Court to overturn the Second Circuit's decision holding that claims against a medical device approved through the FDA's pre-market approval process are preempted by federal law. Citing decisions by the Eleventh Circuit and the Illinois and Tennessee Supreme Courts, plaintiffs argue that the Supreme Court should resolve a split among federal and state appellate courts over the application of the U.S. Supreme Court's decision of Medtronic v. Lohr. Medtronic disagrees that a split exists and asserts the Supreme Court need not revisit Lohr. The Supreme Court has invited the Solicitor General to file a brief on behalf of the United States.
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