Topic
Preemption
1,722 published works
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…
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…
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…
Environmental Law Prof Blog
Jonathan Rosenbloom on State Preemption, Common Pool Resources, and Non-Place Based Municipal Collaborations
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…
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…
Drug & Device Law
No Preemption for the Common Cold Remedy
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…
Consumer Finance Monitor
Curry won’t rock the OCC preemption boat
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…
Surf and Turf Law
New Cert Petition from 9th Circuit – Submerged Lands Act – Pacific Merchant Shipping Association v. James Goldstene
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…
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…
Consumer Finance Monitor
Can I still rely on AMTPA preemption?
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…