Topic
Preemption
1,722 published works
Constitutional Law Prof Blog
Supreme Court to Hear Arizona SB1070 on Preemption Issue
By ConLawProf initials at end of post
UPDATE: COURT'S OPINION JUNE 25, 2012 here]The United States Supreme Court has just granted Arizona's petition for writ of certiorari in Arizona v. United States involving Arizona's controversial immigration statute…
Drug & Device Law
Latest Generic Preemption Decision
By Bexis
Those of you who check our post-Mensing generic preemption scorecard regularly are aware that a preemption massacre has been going on in Louisiana federal court. By our count, just since…
Drug & Device Law
Two New PMA Preemption Cases
You all know we love preemption. So, when two favorable medical device preemption decisions are entered on the same day, well that’s a two-fer we can’t wait to blog…
Drug & Device Law
Two Post-Mensing Firsts
In a post-Mensing world, plaintiffs -- faced with almost certain dismissal of any claim based on labeling, promotion or warnings -- are scrambling to re-define their claims against generic drug…
The UCL Practitioner
MCLE program:AT&T Mobility v. Concepcionand its Aftermath
On Thursday, December 1, 2011, the Arbitration Committe of the ADR Section of the Bar Association of San Francisco will present AT&T Mobility v. Concepcion and its Aftermath. It sounds…
Drug & Device Law
Turkey, Mashed Potatoes and a Dollop of Preemption
Tomorrow is Thanksgiving – the biggest American “eating” day of the year. So we thought we’d share a few fun facts. Did you know the average person on Thanksgiving eats…
Food Safety News
California's Better Rule on Treatment of 'Downer' Pigs
By Dan Winters
Every day, hundreds of pigs arriving at American slaughterhouses are, or become, unable to stand or walk before they are slaughtered. Federal law allows the entry of these "downer" pigs…
Civil Procedure & Federal Courts Blog
Preemption Day: SCOTUS Oral Arguments in National Meat, Kurns
By Civil Procedure & Federal Courts Blog
The Supreme Court heard oral argument today in two preemption cases: National Meat Association v. Harris and Kurns v. Railroad Friction Products Corp. Here are the oral argument transcripts:National Meat…
Drug & Device Law
More Breaking News – Generic Preemption
By Bexis
Today's decision in Guarino v. Wyeth, No. 8:10-cv-2885-T-30TGW, slip op. (M.D. Fla. Nov. 11, 2011), contains the following interesting holdings: (1) Mensing, being an implied preemption case, contains no exception…
Drug & Device Law
Why Does the Parallel Violation Exception Remind us of Nietzsche and Frampton?
Last week saw the birth of the seven billionth current human on the planet. This week sees us comment on the parallel claim exception to Riegel preemption for what feels…