Topic
Preemption
1,722 published works
Drug & Device Law
Plaintiff’s Second Bite at the Apple Leaves a Sour Taste in Our Mouth
Back in December we blogged about a medical device case that was dismissed for failure to state a claim – it involved a voluntarily recalled heart pump (which is a…
Inside Privacy
Sen. Toomey’s Federal Breach Notification Bill Would Preempt More Restrictive State Laws
Sen. Pat Toomey (R-PA) recently introduced a bill in the United States Senate that would establish a federal breach notification requirement for certain companies and preempt state breach notification laws…
ImmigrationProf Blog
Patchwork Immigration Laws and Federal Enforcement Priorities by Lauren Gilbert
Despite predictions after oral argument that the Court would uphold some if not all of the challenged provisions of Arizona’s S.B. 1070, the Court yesterday struck down 3 out of…
ImmigrationProf Blog
Former Arizona Attorneys General React to Supreme Court Ruling on Arizona Law
On Tuesday, Republican and Democratic former Arizona attorneys general offered their law enforcement perspective on the impact of the Supreme Court ruling on Arizona’s overreaching immigration law. On Monday, the…
Constitutional Law Prof Blog
Supreme Court’s Split Decision on Arizona’s SB1070
By ConLawProf initials at end of post
The Supreme Court issued its much-anticipated opinion in Arizona v. United States on the constitutionality of controversial state immigration statute SB 1070. The over all issue, recall, is whether the state…
Drug & Device Law
Breaking News – Bartlett Goes Nowhere In Darvocet
By Bexis
We've just learned from our friends at Skadden that the plaintiffs attempt to obtain reconsideration of the Mensing preemption dismissals in the Darvocet MDL have come to naught. See In…
Drug & Device Law
Read! Read! Read!
“Read! Read! Read!” That’s what our late-great civil procedure professor, Bob Carter, would always shout as he led the class through another close reading of the language in a key opinion. …
Business and Commercial
CUTSA Preemption: Plead Alternatives; Have Alternatives
I can say “CUTSA preemption” and see eyes begin to immediately glaze over. Even those who follow trade secrets closely sometimes have to stifle a yawn when it comes to…
Drug & Device Law
Call It Standing
By Bexis
While it remains true that our role in bringing about the Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), preemption decision is probably the highlight of our (read…
Drug & Device Law
A Ray Of Sunlight Shining On A Black Box
By Bexis
Here’s an interesting case, Ray v. Allergan, Inc., ___ F. Supp.2d ___, 2012 WL 1979226 (E.D. Va. June 1, 2012), sent to us by Gary Spahn, of Troutman Sanders (who…