Topic
Preemption
1,722 published works
Drug & Device Law
Successful Class II Medical Device Preemption Decision
By Bexis
We don't see many successful applications of preemption with respect to 510k, Class II medical devices since Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), so when we do, it's…
Constitutional Law Prof Blog
Alabama Immigration Law HB56 Enjoined in Part by Federal Judge (Part I)
By ConLawProf initials at end of post
UPDATE: ELEVENTH CIRCUIT INJUNCTION PENDING APPEAL HERE.Judge Sharon Lovelace Blackburn, Chief Judge of the Northern District of Alabama, has issued a 115 page Memorandum Opinion enjoining portions of HB 56 in…
Drug & Device Law
The New One-Two
By Bexis
As you can tell from our old drug preemption cheat sheet (before we split off generic preemption after Mensing), the Smith/Morris/Wilson trilogy out of Kentucky has been hanging fire for…
Drug & Device Law
Guest Post – The Best Defense Is A Good Offense
By Bexis
The following guest post about a couple of recent generic preemption opinions is written by Dylan Carson & Avril Love, of Tucker Ellis & West (a firm headed by Bexis'…
Drug & Device Law
Generic Drug Preemption Scorecard
By Bexis
We’ve decided that, since PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), product liability preemption in the context of generic drugs has come into its own and should no longer…
Drug & Device Law
Thin Pleadings Doom Another Not-So-Parallel Claim
Today is the birthday of Adam West, the great television Batman, so we are pleased to see a court deliver a Bam! Pow! and Socko! to another attempt to escape…
Drug & Device Law
Preemption Notes
By Bexis
A couple of recent preemption developments warrant mention. Horned In; Horned Out In Horn v. Boston Scientific Neuromodulation Corp., 2011 U.S. Dist. Lexis 102164 (S.D. Ga. Aug. 26, 2011), the…
Civil Procedure & Federal Courts Blog
O’Connor & Ribstein on Preemption
By Civil Procedure & Federal Courts Blog
Professors Erin O'Hara O'Connor (Vanderbilt) and Larry Ribstein (Illinois) have posted on SSRN a draft of their article Preemption and Choice-of-Law Coordination. Here’s the abstract:The scope of federal preemption of…
Drug & Device Law
Another PMA Preemption Win
For those of you who come here for wit, sarcasm, or pop-culture references, you may be disappointed today. This is a straight-forward post about a straight-forward PMA preemption summary…
Environmental Law Prof Blog
Looming Preemption Battles in Appalachia?
The Wall Street Journal reports that two ballot measures in Pennsylvania--in Peters Township and State College--have proposed to ban natural gas extraction, and the town of Warren is considering a…