When does federal law preempt state-law tort claims alleging fraud on the FDA?
Buckman Co. v. Plaintiff’s Legal Committee Docket No. 98-1768 From: The Third Circuit Case at a Glance Twenty-three hundred civil actions were transferred to the U.S. District Court for the Eastern District of Pennsylvania from federal trial courts around the country. These cases allege private rights of action against AcroMed Corporation and Buckman Company, Inc., a consultant to AcroMed, for having allegedly defrauded the FDA. The Supreme Court now must decide whether such suits against medical device manufacturers that claim fraud on the FDA are preempted by the 1976 Medical Device Amendments. • Previewed by Elliott B. Pollack, a member of the adjunct faculty of the University of Connecticut School of Law and co-chair of the Health Care Section in the Hartford office of the Connecticut law firm Pullman & Comley, LLC.
