Monday, April 14, 2008

Rehearing Granted In Despain

Last month, we noted that the Arkansas Supreme Court's decision rejecting preemption in the context of a PMA-approved medical device was no longer good law in light of the U.S. Supreme Court's later decision in Riegel v. Medtronic. See Despain v. Bradburn, __ Ark. __, __ S.W.3d __ (Feb. 7, 2008).

The Arkansas Supreme Court has now drawn the same conclusion. On April 10, the Arkansas Supreme Court granted the manufacturer's petition for rehearing and issued a substituted opinion affirming the trial court's order granting summary judgment on the ground of preemption. Despain v. Bradburn, __ S.W.3d __, 2008 WL 1067202 (Ark. Apr. 10, 2008).

1 comment:

Anonymous said...

If you really want to have some fun, you should read Chief Justice Hannah's concurrence in the opinion granting the petition for rehearing. If the CJ is right, the entire legal system is in the process of crashing down upon us, and all because of Riegel.