FDA Preemption: In Riegel v. Medtronic Inc.,the court held that the preemption clause in the 1976 Medical Device Amendments, 21 U.S.C. § 360k, barred an injured plaintiff’s state law tort and warranty claims suit challenging a medical device’s safety and effectiveness, which the Food & Drug Administration (FDA) had given premarket approval.
9. Four General Types of Federal Law
The U.S. Constitution and its amendments as interpreted by the Courts
Legislative enactments such as U.S. public and private laws
Executive promulgations such as executive orders and agency regulations, interpretations, orders, etc.
Opinions of the U.S. courts concerning the law and the precedents they set