Niehoff v. Surgidev Corp.

ERIC L. ISON, Special Justice,

dissenting.

Congress’ intent to preempt at least some state law is plain from the express language of 21 U.S.C. § 360k(a). The United States Supreme Court has made clear that some state common law damage claims are preempted by federal law. See, Cipollone v. Liggett Group, Inc., 505 U.S. 504, 511-519, 112 S.Ct. 2608, 2615-2618, 120 L.Ed.2d 407 (1992). The first task before this Court is to decide whether NiehofPs state product liability claims are within the scope of those claims Congress intended to preempt. The second inquiry is whether claims for violation of…