MDL Judge Denies Guidant's Preemption Arguments in Bellwether Case

MINNEAPOLIS - The judge overseeing the Guidant Corp. Implantable Defibrillators MDL has ruled that the state law claims selected for the first bellwether trial are not preempted by federal law because they would not impose on the manufacturer additional or different requirements than those imposed by federal regulations. In re: Guidant Corp. Implantable Defibrillators Products Liability Litigation, MDL No. 05-1708; Duron v. Guidant Corp., et al., No. 06-25 (D. Minn.).

Judge Donovan W. Frank of the U.S. District Court for the District of Minnesota also said in his June 12 decision that Guidant must seek permission before filing any additional …