Appellate Courts >
Court of Appeals >
Court of Appeals Opinions >
Court of Appeals Published Opinions
Appellate Courts will begin transmitting all notices, orders, and opinions electronically.
Beginning no later than July 1, 2011, the appellate courts will send notices, orders, opinions and correspondence related to pending cases to attorneys in those cases by e-mail rather than postal mail. All attorneys with pending appellate cases who have not already registered an e-mail address should do so immediately. Unrepresented parties with pending appellate cases may also participate in this e-notification system by registering an e-mail address. Please go to http://www.mncourts.gov/?page=156 for instructions how to register your e-mail address.
DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, APRIL 20, 2015
A14-1149 Paul V. Angeles, et al., Appellants (A14-1149), Charlene Mead, et al.,
A14-1150 Appellants (A14-1150), Charles Starovasnik, Jr., Appellant (A14-1151),
A14-1151 Trudy Marse, et al., Appellants (A14-1152), Rebecca Manuel, et al.,
A14-1152 Appellants (A14-1153), Claude Davenport, et al., Appellants (A14-1154), vs.
A14-1153 Medtronic, Inc., et al., Respondents.
A14-1154 Hennepin County District Court, Hon. Laurie J. Miller.
1. Minnesota state law failure-to-warn patients and physicians claims and design-defect claims impose general requirements that are different from federal device-specific requirements and are therefore preempted by 21 U.S.C. § 360k(a) (2014).
2. Claims based on a failure to warn the FDA of adverse effects impose parallel requirements to federal device-specific requirements and are not preempted by 21 U.S.C. § 360k(a).
3. Minnesota state law express-warranty claims impose parallel requirements to federal device-specific requirements and are not expressly preempted by 21 U.S.C. § 360k(a).
Affirmed in part, reversed in part, and remanded. Judge Francis J. Connolly.
A14-1284 Terminal Transport, Inc., Appellant, vs. Minnesota Insurance Guaranty
Hennepin County District Court, Hon. Marilyn Brown Rosenbaum.
The Minnesota Insurance Guaranty Association (MIGA) is prohibited from covering any claims made against an insolvent insurer's policy that has a deductible in excess of $300,000. Minn. Stat. § 60C.09, subd. 2(4) (2014).
Affirmed. Judge Larry B. Stauber, Jr.
A14-1421 Donald R. Wells, class representative on behalf of himself and others
similarly situated, Appellant, vs. Holiday Companies, Inc., et al.,
Hennepin County District Court, Hon. John Q. McShane.
A car-wash code that a gas station provides on a receipt when the customer purchases a certain type of car wash does not satisfy the definition of "gift certificate" under Minn. Stat. § 325G.53, subd. 1(a) (2014).
Affirmed. Judge Michael L. Kirk.