Topic
Preemption
1,722 published works
Drug & Device Law
A Quick Mensing Note
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…
IP Intelligence
A Case of Preemption
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…
The Trademark Blog
SDNY: Preemption Decision in WNET v Aereo
D86 Order Dismissing Unfair ion Claim
The Appellate Strategist
The Gap Between Express and Implied Preemption Narrows In The Ninth Circuit
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…
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…
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…
Drug & Device Law
A Double Dose of Preemption
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…
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…
Drug & Device Law
More of the Same (But That’s A Good Thing)
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…
E2 Law Blog
Preemption and Natural Gas Development: Who is the Decider?
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…