Medtronic, Inc. v. Lohr, 518 U.S. 470, 4 (1996)

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Cite as: 518 U. S. 470 (1996)

Syllabus

tions indicate that the FDA does not consider that its requirements pre-empt the state requirements at issue here. Fourth, ordinary principles of "conflict" and "field" pre-emption support the conclusion that plaintiffs' tort claims are not pre-empted. Pp. 503-508.

Stevens, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V, and VII, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and an opinion with respect to Parts IV and VI, in which Kennedy, Souter, and Ginsburg, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment, post, p. 503. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, post, p. 509.

Arthur Miller argued the cause for Medtronic, Inc., in both cases. With him on the briefs were Daniel G. Jarcho, Donald R. Stone, Kenneth S. Geller, Roy T. Englert, Jr., Alan E. Untereiner, Dennis P. Waggoner, Ronald E. Lund, John W. Borg, and Sue R. Halverson.

Brian Wolfman argued the cause for Lohr et vir in both cases. With him on the brief were Allison M. Zieve, Alan B. Morrison, Laurence H. Tribe, Robert L. Cowles, and Robert F. Spohrer.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Days, Deputy Assistant Attorney General Preston, Richard H. Seamon, and Douglas N. Letter.

†Briefs of amici curiae were filed for the State of California by Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, and Susan S. Fiering, Deputy Attorney General; for the State of Florida et al. by Robert A. Butterworth, Attorney General of Florida, and Louis F. Hubener and Charley McCoy, Assistant Attorneys General, joined by the Attorneys General for their respective jurisdictions as follows: Winston Bryant of Arkansas, Gale A. Norton of Colorado, Richard Blumenthal of Connecticut, Pamela Carter of Indiana, A. B. Chandler III of Kentucky, Andrew Ketterer of Maine, J. Joseph Curran, Jr., of Maryland, Mike Moore of Mississippi, Jeremiah W. Nixon of Missouri, Joseph P. Mazurek of Montana, Tom Udall of New Mexico, Dennis C. Vacco of New York, Michael

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