Confirm favorite deletion?
Torts Keyed to Duncan
Medtronic, Inc. v. Lohr
Citation:518 U.S. 470 (1996)
Lora Lohr (plaintiff) sued Medtronic, Inc. (defendant), the manufacturer of her pacemaker, after the device failed and she had to undergo emergency surgery. The plaintiff brought suit in Florida under theories of negligence and strict products liability. The defendant removed the lawsuit to federal district court and filed a motion for summary judgment on the grounds that the plaintiff’s claims were preempted by the Medical Device Amendment of 1976, specifically by the language of § 360(k). Under this statute, the pacemaker was a class three device that was put on the market through an expedited process.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.