Buckman Co. v. Plaintiffs’ Legal Committee — Stevens, J., concurring

Summary

Justice Stevens concurred in the judgment, agreeing the state-law fraud claim should not proceed because plaintiffs could not prove causation given the FDA's failure to remove the device after learning of the fraud. He distinguished this from a scenario where the FDA acknowledged fraud and removed the product, which might allow state remedies to supplement federal enforcement. He also criticized the Court's broad preemption analysis and noted a change in the government's position on fraud-on-the-FDA claims.