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STENGEL v. MEDTRONIC INC.

No. 10-17755.

676 F.3d 1159 (2012)

Richard STENGEL; Mary Lou Stengel, Plaintiffs-Appellants, v. MEDTRONIC INCORPORATED, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2012.

Attorney(s) appearing for the Case

Thomas G. Cotter , Stanley G. Feldman , and Stephen T. Portell ; Haralson Miller , Pitt, Feldman & McAnally, P.L.C., Tucson, AZ, for the plaintiffs-appellants.

Michael K. Brown , Ginger F.H. Pigott , and Lisa M. Baird , Reed Smith LLP, Los Angeles, CA, for the defendant-appellee.

Opinion by Judge WALLACE; Dissent by Judge NOONAN.

OPINION

WALLACE, Senior Circuit Judge:

Richard and Mary Lou Stengel brought several state causes of action in Arizona state court against Medtronic Incorporated (Medtronic) for injuries sustained by Richard Stengel (Stengel) from his use of a pain pump manufactured by Medtronic. Medtronic timely removed the case to the United States District Court for the District of Arizona. The district court dismissed the Stengels' claims as preempted by federal law and...

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