A Double Dose of Preemption

In medical device cases, preemption will hunt you down.  In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by preemption at the summary judgment stage.  In Cooley v. Medtronic, Inc., 2012 U.S. Dist. LEXIS 55878 (E.D. Ky. April 20, 2012), the plaintiff took a lengthier and unusual path but...