Topic
Preemption
1,722 published works
Drug & Device Law
The New One-Two – Heavyweight Division
By Bexis
We’ve mentioned before how preemption is the strongest defense because (unlike Daubert or the learned intermediary rule) it bars claims without regard to their substantive merit. When preemption applies in…
Constitutional Law Prof Blog
Federal Locomotive Act Preempts State Law Claims Related to Asbestos Exposure
By ConLawProf initials at end of post
The Supreme Court ruled this week in Kurns v. Railroad Friction Products Corp. that the federal Locomotive Inspection Act preempted the petitioner's state-law design-defect and failure-to-warn claims arising out of harms…
TortsProf Blog
Mass Torts in the Federal Courts – Recap Part II
As I mentioned yesterday, kudos to the students of the Federal Courts Law Review here at the Charleston School of Law for the Mass Torts in the Federal Courts symposium…
Class Action & Mass Torts
Make Sure to Review Federal Exemptions When Fighting Class Actions in California: Court Finds Truck Route Drivers’ Break Claims Preempted By FAAAA
Countless employers have now been faced with class action litigation, making claims for various deviations from the California Labor Code. Many times employers will face these head on with evidence…
Civil Procedure & Federal Courts Blog
SCOTUS Decision on Preemption: Kurns v. Railroad Friction Products Corp.
By Civil Procedure & Federal Courts Blog
Today, the Supreme Court issued its decision in Kurns v. Railroad Friction Products, covered earlier here. Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts and Justices Scalia,…
Civil Procedure & Federal Courts Blog
Fifth Circuit Holds Federal Law Preempts Texas Law in Drug Failure-to-Warn Case
By Civil Procedure & Federal Courts Blog
The first paragraph of Lofton v. McNeil Consumer & Specialty Pharmaceuticals, No. 10-10956 (5th Cir. Feb. 22, 2012), http://www.ca5.uscourts.gov/opinions/pub/10/10-10956-CV0.wpd.pdf:Christopher M. Lofton tragically died from a rare disease called Toxic Epidermal…
Drug & Device Law
Fifth Circuit Breaks Buckman Tie
By Bexis
Does Buckman v. Plaintiff's Legal Committee, 531 U.S. 341 (2001), apply any time that a plaintiff raises a fraud on the FDA allegation in litigation, or is it limited to…
Drug & Device Law
Enbrel, Part 1: Bride of a Mad New Hope Toy Story Dies Harder
Last week two Enbrel cases rolled in. We're going to discuss one of them, the earlier one, today: Deese v. Immunex Corp., 2012 U.S. Dist. LEXIS 17342 (S.D. Miss. February…
Drug & Device Law
To Linsanity and Beyond (to the Tierney case)
Some of us on this blog have rooting interests that lie far from where The Schuylkill and The Delaware meet. They’re up past the New Jersey Turnpike, all the way…
Land Use Prof Blog
Preemption Challenges to Local Fracking Bans in New York
Good morning. I'm looking forward to guest blogging here this month. I will be posting about the many issues we are working on here in the Columbia Environmental Law Clinic.…