Topic
Preemption
1,722 published works
Drug & Device Law
Excellent New Pain Pump Preemption Decision – Ninth Circuit
By Bexis
Here's a copy of a brand new Ninth Circuit decision upholding dismissal of a pain pump case on the grounds of express (Riegel) and implied (Buckman) preemption: Stengel v. Medtronic,…
TortsProf Blog
Sharkey on Preemption and the Administrative Process
Cathy Sharkey (NYU) has posted to SSRN Preemption as a Judicial End-Run Around the Administrative Process?. The abstract provides:Judicial review of agency action under the Administrative Procedure Act (APA) and…
Drug & Device Law
Generic Drug Preemption Q and A
By Bexis
There are now forty-eight post-Mensing generic drug preemption decisions on our scorecard, with more being decided on what seems like a weekly basis. Thus, the scorecard gets a little unwieldy…
Drug & Device Law
Putting It All Together
By Bexis
Our first reaction upon reading Metz v. Wyeth, 2012 U.S. Dist. Lexis 42432 (M.D. Fla. March 28, 2012), is boy, this case has a little of everything! After it was…
Employment & Labor
Using Congressional Policy – Part 3 – Preemption
Plaintiffs’ attorneys often will attempt to assert state law claims against an ERISA plan administrator. It’s possible they don’t know any better. It’s also possible, though, that they try to…
ImmigrationProf Blog
ABA Amicus Against Arizona in SB 1070 Case
From the ABA:ABA Disputes Arizona Immigration Provisions in Brief to High CourtCiting its expertise in immigration law and experience in immigration detainee programs, the American Bar Association is urging the…
Constitutional Law Prof Blog
Generic Drug Claims Dismissed in Wake of PLIVA
By ConLawProf initials at end of post
The Supreme Court ruled last year in PLIVA v. Mensing that federal prescription drug laws preempt plaintiffs' state failure-to-warn claims against generic drug manufacturers, even as it ruled three years…
Drug & Device Law
One, Two … Three?
By Bexis
A couple of weeks ago we posted about the one-two punch of generic preemption and product identification disposing of most of the claims in the Darvocet MDL. Well, that combination…
Drug & Device Law
Kurns – Anything In It For Us?
By Bexis
A couple of weeks ago – yeah, that’s right, on February 29 – the Supreme Court issued a ruling preempting asbestos product liability claims in Kurns v. Railroad Friction Products…
Supreme Court Update
Kurns v. Railroad Friction Products Corp. (10-879), Martel v. Clair (10-1265), and Messerschmidt v. Millender (10-704)
By Kim Rinehart
We're back with three more decisions, which gets us caught up with the Court's recent published activity. The decisions came in Kurns v. Railroad Friction Products Corp. (10-879), where the…