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So, As well as (or perhaps because of) its other virtues, a solid preemption protection seems to get a talisman that wards off the evil of MDLs/mass torts. Most defendants have had their fill of MDLS, and most plaintiffs don’t appear to be trying to find MDLs in scenarios involving this sort of products – and with fantastic cause. As in the aforementioned Dash Fidelis and Testosterone choices, a single preemption ruling worn out all similarly positioned plaintiffs in your entire MDL.
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Medtronic, Inc., 552 U.S. 312 (2008), so far as we can convey to from adhering to the case legislation, not just one new MDL has long been produced involving a pre-marketplace authorized unit to which intensive Riegel preemption would use. Certain, There have been quite substantial post-Riegel litigation involving some PMA devices – Infuse and Essure come to mind – but no MDL where by terrible situations can go to hide till a single MDL choose makes ample bizarrely pro-plaintiff rulings and/or consolidated bellwether show trials to bludgeon the defendant into settling.