James D. Herschlein is Co-Chair of the Complex Commercial Litigation Department, and recently completed two terms as a member of the firm's Executive Committee. He has represented some of the world’s largest companies in numerous trials, arbitrations, mediations and appeals throughout the United States focusing on complex contractual disputes and product liability litigation. He can be reached at [email protected].
In 2008, the United States Supreme Court held in Riegel v. Medtronic, Inc. that a federal statute, the Medical Device Amendments of 1976, barred (or preempted) state tort law claims against manufacturers of FDA-approved medical devices.