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Preemption

1,722 published works

  1. Drug & Device Law

    Guest Post – Never Odd or Even, Just Preempted

    By Bexis

    Oh wait a minute.... That's the "pamidronate," not the "palindromate" MDL....  In any event, we have a guest post today from Joe Hollingsworth, of (the not coincidentally named) Hollingsworth LLP. …

  2. Ad Law Access

    Supreme Court Unanimously Holds California Law Prohibiting Sale, Processing or Holding of Nonambulatory Pigs Expressly Preempted under the Federal Meat Inspection Act

    By Donnelly McDowell

    In a unanimous opinion published on January 23, 2012, the Supreme Court reversed the Ninth Circuit Court of Appeals and held that a California law prohibiting the sale, processing or…

  3. ImmigrationProf Blog

    Immigration Article of the Day: Recentering Foreign Affairs Preemption in Arizona v. United States: Federal Plenary Power, the Spheres of Government, and the Constitutionality of S.B. 1070

    By immigrationprof

    "Recentering Foreign Affairs Preemption in Arizona v. United States: Federal Plenary Power, the Spheres of Government, and the Constitutionality of S.B. 1070" Cleveland State Law Review, Vol. 60, No. 1,…

  4. Drug & Device Law

    Whether Medical Device or Meat, It’s Preempted

    By John Sullivan

    For this one, we go to the wisdom of Homer:(Lisa)      “I’m going to become a vegetarian” (Homer)  “Are you saying you're never going to eat any animal again? What…

  5. Drug & Device Law

    After Further (Careful) Review

    By Stephen McConnell

    In football the referees will occasionally change bad calls. Maybe it takes a videotape with unambiguous ocular evidence, but errors can get fixed. By contrast, it’s beastly hard to get…

  6. Civil Procedure & Federal Courts Blog

    SCOTUS Preemption Decision on FMIA

    By Civil Procedure & Federal Courts Blog

    Justice Kagan authored a unanimous opinion for the Court in National Meat Association v. Harris, holding that the Federal Meat Inspection Act preempts a California state statute that regulated the…

  7. Drug & Device Law

    Distribute This!

    By Bexis

    Because it applied implied preemption, the decision in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011) is powerful.  We’ve previously mentioned how we think Mensing’s principles might be invoked…

  8. Drug & Device Law

    Medical Device Preemption Developments

    By Bexis

    Boring title, but accurate.  Here’s the latest. First, Medtronic won another one the other day.  Duggan v. Medtronic, Inc., ___ F. Supp.2d ___, 2012 WL 45503 (D. Mass. Jan. 10,…

  9. Drug & Device Law

    Breaking News – The New One-Two

    By Bexis

    We just received from defense counsel Matt Wender at Pietragallo Gordon a copy of Moore v. Mylan, Inc., No. 11:1-CV-03037-MHS, slip op. (N.D. Ga. Jan. 5, 2012).  It's another post-Mensing…

  10. Media Law Prof Blog

    The Ninth Circuit Ain’t Fraida No Ghosts

    By Media Law Prof Blog

    An Uncertain Future for the Hunting of Ghosts: The Conflict between Idea Submission Claims and Preemption in the Ninth CircuitSebastien Delisle University of New Hampshire School of LawDecember 3, 2010Abstract:      On December…