5th Circuit: Neurostimulator Warranty Claim Not Preempted; Reliance Needs Proof

(November 1, 2017, 12:26 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 31 ruled that a plaintiff’s express warranty claim about a Medtronic Inc. neurostimulator is not preempted, but it said that on remand, the district court could should consider if the plaintiff relied on the warranty (Ray Wildman v. Medtronic, Incorporated, et al., No. 17-50010, 5th Cir., 2017 U.S. App. LEXIS 21655)....

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