Preemption Case Supporting Glazing Claims: O’Hara v. General Motors Corporation

While preemption arguments continue to find their way before judges, some Court’s have refused to accept the application of the defense. One significant case occurred recently in O’Hara v. General Motors Corporation. In that case, Mr. and Mrs. O’Hara and their daughter were riding in a 2004 Chevrolet Tahoe when it was involved in a rollover…

Preemption of Medical Device Claims: Riegel v. Medtronics

To understand the concerns raised by preemption, it is important to understand the United States Supreme Court decision in Riegel v. Medtronics which upheld federal preemption in medical device design defect cases. In Riegel, the plaintiff underwent heart surgery and during the procedure a balloon catheter ruptured while his doctor was attempting to dilate his coronary artery…