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Preemption

1,722 published works

  1. 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…

  2. 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…

  3. Drug & Device Law

    Two New PMA Preemption Cases

    By Michelle Yeary

                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…

  4. Drug & Device Law

    Two Post-Mensing Firsts

    By Michelle Yeary

    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…

  5. The UCL Practitioner

    MCLE program:AT&T Mobility v. Concepcionand its Aftermath

    By Kimberely Kralowec

    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…

  6. Drug & Device Law

    Turkey, Mashed Potatoes and a Dollop of Preemption

    By Michelle Yeary

    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…

  7. 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…

  8. 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…

  9. 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…

  10. Drug & Device Law

    Why Does the Parallel Violation Exception Remind us of Nietzsche and Frampton?

    By Stephen McConnell

    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…