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Preemption

1,722 published works

  1. Drug & Device Law

    Product Development Protocol? Preempted.

    By Bexis

    Just a note about Malbroux v. Jancuska, 2011 U.S. Dist. Lexis 96590 (W.D. La. Aug. 29, 2011), an otherwise forgettable opinion throwing out medical device claims on the basis of…

  2. Drug & Device Law

    One Shoe Drops

    By Bexis

    Wyeth v. Levine, 555 U.S. 555 (2009), was decided more than two years ago, now.  Even though its anti-preemption rationale hinged on an the Court’s interpretation of an exception in…

  3. Civil Procedure & Federal Courts Blog

    Hills on Preemption Doctrine in the Roberts Court

    By Civil Procedure & Federal Courts Blog

    Rodrick Hills (NYU) has posted Preemption Doctrine in the Roberts Court: Constitutional Dual Federalism By Another Name? to SSRN.Abstract:      This paper argues that the Roberts Court’s preemption decisions suggest a pattern…

  4. Environmental Law Prof Blog

    Jonathan Rosenbloom on State Preemption, Common Pool Resources, and Non-Place Based Municipal Collaborations

    By Environmental Law Prof

    Professor Jonathan Rosenbloom, Drake Law School, has posted New Day at the Pool: State Preemption, Common Pool Resources, and Non-Place Based Municipal Collaborations on SSRN.  Rosenbloom provides a novel analysis of how…

  5. Drug & Device Law

    We Don’t Recall

    By Bexis

    We’ve been around the preemption block a few times – we know what happens when the mainstay claim in prescription medical product liability litigation, that being inadequate warnings, gets preempted. We first…

  6. Drug & Device Law

    No Preemption for the Common Cold Remedy

    By Michelle Yeary

                Since the first sneeze, people have been trying to cure the common cold.  While the cure remains elusive, everyone has a remedy for its symptoms – chicken soup, salt…

  7. Consumer Finance Monitor

    Curry won’t rock the OCC preemption boat

    By Alan S. Kaplinsky

    We recently reported that as of July 21, the OCC finalized its reg confirming the view of Acting Comptroller Walsh that the Dodd-Frank Act did not require the OCC to rescind or modify…

  8. Surf and Turf Law

    New Cert Petition from 9th Circuit – Submerged Lands Act – Pacific Merchant Shipping Association v. James Goldstene

    By Mark M. Murakami

    Among the cases in my queue awaiting my analysis is Pacific Merchant Shipping Association v. Goldstene, which can be downloaded here.  It relates to the Submerged Lands Act and whether it preempts state…

  9. Ad Law Access

    Supreme Court Rules on Generic Drug Labeling Preemption

    By Kelley Drye

    On June 23, 2011, the Supreme Court rendered its decision in Pliva, Inc. v. Mensing holding that FDA regulations governing generic drug products directly conflict with and preempt state laws…

  10. Consumer Finance Monitor

    Can I still rely on AMTPA preemption?

    By Barbara S. Mishkin

    That's the question state-licensed and state-chartered mortgage lenders (state housing creditors) should be asking in light of the CFPB's interim final rule which became effective July 22, 2011. Because the…