Medtronic’s Preemption Win in the 10th Circuit – With An Interesting Twist

The Tenth Circuit issued an opinion on Tuesday, finding that state law claims asserted against Medtronic, manufacturer of the InFuse bone growth stimulator were preempted by FDA approval of the medical device under the Medical Device Act (“MDA”). Plaintiff in the case alleged that Medtronic representatives promoted an off-label, posterior surgical approach for the device,



Food Safety Experts have done What with Big Tobacco?

In a landmark investigation released this week, the Center for Public Integrity (CPI) uncovered the alarmingly small and insular circle of experts who are used by food manufacturers to determine if a new ingredient is “Generally Regarded As Safe,” or GRAS. The investigation discovered that at least one of 10 particular consultants participated in over


Is the GRAS Food Safety process a Racket?

A 1958 law offers food companies who want to market new ingredients in their products a way to bypass extensive and costly FDA safety testing. The law provides the option for companies to demonstrate that the ingredient in question has been deemed “Generally Regarded As Safe” (GRAS) by a consensus panel of scientists and experts.





Premature Removals as Underhanded Defendant Tactics

No one can reasonably deny that law often resembles a game of chess, in which the filing of a claim is the opening salvo. However, there is a disturbing new trend that would have Bobby Fischer throwing up his hands in disgust, namely, premature removals of cases from state to federal courts. Some background is