Kentucky High Court: State’s Pleading Standard Bars Preemption Of Catheter Claim

Mealey's (November 2, 2020, 1:51 PM EST) -- FRANKFORT, Ky. — The Kentucky Supreme Court on Oct. 29 reversed a preemption judgment in a medical device case, ruling that under Kentucky’s lenient pleading standards, the motion for summary judgment should have been denied since the plaintiff asserted a state law claim that paralleled federal regulations (Clifford Russell, Sr. et al. v. Johnson & Johnson, et al., No. 2019-DC-0118, Ky. Sup., 2020 Ky. LEXIS 391)....