Topic
Preemption
1,722 published works
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. …
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
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…
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
"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,…
Drug & Device Law
Whether Medical Device or Meat, It’s Preempted
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…
Drug & Device Law
After Further (Careful) Review
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…
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…
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…
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,…
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…
Media Law Prof Blog
The Ninth Circuit Ain’t Fraida No Ghosts
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…