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Preemption

1,722 published works

  1. Drug & Device Law

    A Quick Mensing Note

    By Michelle Yeary

                It has been almost one year since the Supreme Court decided PLIVA v. Mensing, 131 S. Ct. 2567 (2011), and it is undeniable that it has dominated the world…

  2. IP Intelligence

    A Case of Preemption

    By Oren J. Warshavsky

    A ruling from the U.S. District Judge Alison J. Nathan last week decided an issue of first impression, and held that broadcasters' claims of state law unfair competition were preempted…

  3. The Trademark Blog

    SDNY: Preemption Decision in WNET v Aereo

    By Marty Schwimmer

    D86 Order Dismissing Unfair ion Claim

  4. The Appellate Strategist

    The Gap Between Express and Implied Preemption Narrows In The Ninth Circuit

    By Matthew A. Reed

    The Ninth Circuit Court of Appeals recently shrank universe of state law claims pertaining to Class III medical devices that remain untouched by Riegel express preemption or Buckman implied preemption. In…

  5. Drug & Device Law

    NJ in Mainstream on Generic Preemption

    By Bexis

    We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing.  There are two opinions.  The…

  6. Drug & Device Law

    More Thoughts On Bartlett

    By Bexis

    Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what…

  7. Drug & Device Law

    A Double Dose of Preemption

    By John Sullivan

    In medical device cases, preemption will hunt you down.  In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived…

  8. Drug & Device Law

    Bartlett – Take It Up

    By Bexis

    The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals…

  9. Drug & Device Law

    More of the Same (But That’s A Good Thing)

    By Michelle Yeary

    We feel like we post on Mensing at least once a week and we have our quickly growing scorecard  to back us up.  It is not that surprising really, considering…

  10. E2 Law Blog

    Preemption and Natural Gas Development: Who is the Decider?

    By David Mandelbaum

    An injunction in Robinson Township v. Pa PUC on April 11 and a federal Executive Order on April 13 raise the question of which government ought to be the primary…