Supreme court rules that suit for fraud on federal agency is preempted.

The U.S. Supreme Court has ruled unanimously that under federal law, suits claiming that fraud on a federal agency resulted in injury to consumers cannot be brought in state courts. (Buckman Co. v. Plaintiffs' Legal Committee, No. 98-1768, 2001 WL 167647 (U.S. Feb. 21, 2001).)

The Court found that "fraud on the FDA" claims are by implication preempted by federal regulations--specifically, the Food, Drug, and Cosmetics Act (FDCA), as modified by the Medical Device Amendments (MDA) of 1976.

About 5,000 people involved in a class action--claiming injuries from