solution

1. Does Justice Scalia see the general tort duties as imposing duties different from those requirements imposed by the rigorous FDA review process? Clue: For the Court to have decided that the Riegels’ claim was preempted by the MDA, what would the Court have had to believe about the requirements imposed by a potential tort action against the defendant?

 2. The Court claims that the Riegels and their attorney have misread the MDA. This disagreement emphasizes the importance of reading comprehension. What ambiguity are the plaintiffs claiming that the Court says is not present? Clue: Reexamine the dispute about the meaning of the word requirement.