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Preemption

1,722 published works

  1. Sixth Circuit Appellate Blog

    Widening A Circuit Split, The Sixth Circuit Expands Preemption For Fraud-On-The-FDA Claims

    By Colter Paulson

    In Marsh v. Genetech, Inc., the Sixth Circuit held that clever pleading of state law fraud-on-the-FDA claims could not get around its precedent on preemption of those claims.  The plaintiff claimed…

  2. Drug & Device Law

    More Mensing, More Mensa

    By Stephen McConnell

    This makes two Wednesdays in a row where we have the pleasure of discussing courts that applied Mensing in a clear-headed manner.  To review the bidding:  the Supreme Court decided…

  3. Immigration Blog

    Appeals Court Follows Supreme Court’s Arizona Decision In Ruling On Georgia Immigration Law

    By Jackson Lewis P.C.

    A federal appeals court in Atlanta has struck down portions of Georgia’s controversial “Illegal Immigration Reform and Enforcement Act” (H.B. 87) prohibiting the transportation, concealing, or harboring of illegal aliens. …

  4. Drug & Device Law

    A Couple Of Interesting New Cases Forwarded By Our Readers

    By Bexis

    We like it when our readers contact us, even when it’s only to tell us that we made a mistake.  At least they’re paying attention.  But we like it most when…

  5. Drug & Device Law

    A Truddle, not a Muddle, through Mensing and Buckman

    By Stephen McConnell

    The scope of Mensing is one of the hotter issues in drug and device law these days. (The Bartlett appeal is one example.) To our defense-hack eyes, Mensing seems perfectly…

  6. Alabama Employment Law Report

    11th Circuit Issues Split Decisions on HB56, Alabama’s Original Immigration Law

    By Daniel Burnick

    On Monday, August 20th, the 11th Circuit issued 2 opinions addressing HB56,  USA v. Alabama and HICA v. Alabama.  I have previously written extensively about the law, Judge Blackburn's original…

  7. Drug & Device Law

    Preemption in the Garden State

    By John Sullivan

    As we flagged for you on Friday, the New Jersey Supreme Court recently issued an opinion addressing preemption and the statute of limitations in a medical device claim.  Cornett v.…

  8. Consumer Finance Monitor

    CFPB to make first preemption determinations

    By Barbara S. Mishkin

    The CFPB intends to determine whether certain provisions of Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration dates.  The CFPB's…

  9. Drug & Device Law

    Preemption Amongst the Palmettos

    By Bexis

    There have been two recent state supreme court decisions concerning PMA medical device preemption under Riegel v. Medtronic, Inc., 552 U.S. 312 (2008).  One of them, Cornett v. Johnson &…

  10. Drug & Device Law

    Summer Reading

    By Bexis

    August means vacation time in the law business.  Still, vacation does not mean (to some of us, anyway) forgetting about drugs and devices altogether.  With that in mind, here are…