Topic
Preemption
1,722 published works
Drug & Device Law
Bartlett Goes Up
By Bexis
In our two prior posts concerning Bartlett v. Mutual Pharmaceutical Co., 678 F.3d 30 (1st Cir. 2012), we first hoped that the defendant would "take it up" to the Supreme…
The Appellate Strategist
Ninth Circuit re Stengel: Back to the (En) Banc
As we noted here, the Ninth Circuit Court of Appeals’ decision in Stengel v. Medtronic Inc. (676 F.3d 1159 (9th Cir. 2012)) left plaintiffs who sue the manufacturers of pre-market…
Drug & Device Law
Lyman: Branded Out; Generic Waist Deep In Big Muddy
By Bexis
We’ve just read Lyman v. Pfizer, Inc., 2012 WL 2970627 (D. Vt. July 20, 2012). Frankly, we expected it to be worse than it was. Regular readers are no doubt…
Drug & Device Law
Bad Parallel Violation Decision, But Plaintiff May Have Nowhere to Go
When we first read Steiden v. Genzyme BioSurgery, 2012 U.S. Dist. LEXIS 99689 (July 18, 2012), we didn’t know which bothered us more: the court’s parallel violation ruling or its…
Drug & Device Law
“New” Massachusetts Device Preemption Decision
By Bexis
We’ve just been informed of Phillips v. Medtronic, Inc., SUCV2009-05286-A, slip op. (Mass. Super. July 10, 2012), granting a preemption motion under Riegel v. Medtronic, Inc., 552 U.S. 312 (2008),…
Securities Law Prof Blog
New York’s High Court Will Hear Greenberg Appeal on Martin Act Preemption Claim
The New York Court of Appeals will hear an appeal by former AIG executives Hank Greenberg and Howard Smith asserting that the state attorney general's action against them for violating the…
Land Use Prof Blog
Ninth Circuit holds Washington’s energy efficiency regs not preempted by EPCA
Those interested in green building issues will want to check out a June 25, 2012, Ninth Circuit decision, Building Industry Association of Washington v. Washington State Building Code Council, Case…
ImmigrationProf Blog
Reading Arizona by David A. Martin
Professor David Martin offers this thougtful take on the Supreme Court's decision in Arizona v. United States.Reading Arizona by David A. Martin 98 Va. L. Rev. In Brief 41 (2012)Abstract:…
The Appellate Strategist
Sacred Exclusivity: The Ninth Circuit Steers (Well) Clear of the FDA
The Supreme Court’s opinion in Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341, 349-50 (2001), recognizes that any attempt by a plaintiff to enforce the FDCA is preempted by…
Constitutional Law Prof Blog
Second Circuit Strikes NYC Tobacco Warning Signs
By ConLawProf initials at end of post
A three-judge panel of the Second Circuit ruled this week in 94th St. Grocery Corp. v. New York City Board of Health that the Federal Cigarette Labelling and Advertising Act preempted…