Topic
Impossibility Preemption
8 published works
Drug & Device Law
Seventh Circuit Finds Albrecht Did Not Create a New Rule of Preemption Law
This post is from the non-Reed Smith side of the blog. It’s been a year and a half since we last talked about Dolin v. GlaxoSmithKline, which is when we…
Drug & Device Law
Another One for the A Fortiori File
By Bexis
Plaintiffs in (mostly) prescription drug cases have tried, with decreasing success, to limit the scope of implied impossibility preemption under the Mensing/Bartlett line of supreme court precedent to generic drugs. …
Drug & Device Law
Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”
By Bexis
According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: By even greater force of logic; even more so it follows . We’ve been arguing for some time –…
Drug & Device Law
Generic Preemption Prevails in Testosterone MDL
By Bexis
What? You were expecting another of our insensitive blogpost headlines? Nope, we’re playing this one straight down the middle. In In re Testosterone Replacement Therapy Products Liability Litigation, 2015 WL 6859286 (N.D. Ill.…
Drug & Device Law
Another Decision Applying Bartlett Preemption to All Drugs
By Bexis
Just last month we collected all the favorable precedent applying impossibility preemption under Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013), to innovator drugs – although the precise subject of that…
Drug & Device Law
Dreaming The Impossible Dream
By Bexis
A short history of recent implied preemption “impossibility” decisions: (1) In Wyeth v. Levine, 555 U.S. 555 (2009), impossibility preemption did not apply to innovator prescription drugs because simultaneous compliance…
Drug & Device Law
Nice Try, But No Brass Ring
By Bexis
Ever since Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013), was decided, we’ve pointed out at every opportunity that its basic principle – that an immediate state-law “duty” is incompatible with an FDA…
Litigation & Trial
Impossibility Preemption, Strict Liability, And The Troll Supreme Court Justice
This week’s U.S. Supreme Court argument in Bartlett v. Mutual Pharmaceutical (link goes to my thoughts on the case, which I posted back in December) has taken the issue of…