Topic

Preemption

1,722 published works

Drug & Device Law July 22, 2011
Rehearing Sought In Mensing
By Bexis
The plaintiffs in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011) (not sure why it’s all-caps, but that’s the way the Supreme Court has it), have sought reargument. Here’s…
Drug & Device Law July 13, 2011
Implied Preemption And Medical Devices
By Bexis
Was anyone else out there struck, like we were, that the Court described the preemptive FDA action it recognized in Pliva, Inc. v. Mensing, ___ U.S. ___, 2011 WL 2472790…
Civil Procedure & Federal Courts Blog July 12, 2011
California Supreme Court Holds California Confidentiality of Medical Information Act Is Not Preempted By Federal Fair Credit Reporting Act
By Civil Procedure & Federal Courts Blog
Plaintiff Brown and his two children were patients of dentist Reinholds. Dr. Reinholds billed Brown $600 for a crown that Brown claimed he never received. Brown refused to pay…
Drug & Device Law July 11, 2011
ProDisc Dismissal for Want of Indispensable Parties
By Stephen McConnell
We get the feeling that if we hang around the Timberlake case long enough, we'll eventually encounter every nook and cranny of drug and device law. In one prior post…
Pill Mill Monitor July 7, 2011
U.S. Supreme Court Deals a Low Blow to Consumers
By Kay Van Wey
It is no secret that the highest court in our country, the United States Supreme Court, is sharply divided along political lines. Currently, the Court is comprised of two Reagan…
California Employment Law Update July 1, 2011
ADA “Impliedly Amended” The National Bank Act’s Termination-at-Pleasure Clause
By Tony Oncidi
Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because…
California Employment Law Update July 1, 2011
Arizona Law Requiring Use Of E-Verify Is Upheld
By Tony Oncidi
Chamber of Commerce v. Whiting, 563 U.S. ___, 131 S. Ct. 1968 (2011) In 1996, Congress created E-Verify, which is “an internet-based system that allows an employer to verify an…
Civil Procedure & Federal Courts Blog June 28, 2011
Another SCOTUS Cert Grant on Preemption: National Meat v. Harris
By Civil Procedure & Federal Courts Blog
There have been several preemption decisions this Term (see here, here, and here), and the Court granted cert in another preemption case earlier this month. Yesterday it added one more…
Life Sciences Legal Update June 27, 2011
Supreme Court Holds State Law Failure to Warn Claims Against Generics Preempted
By Lisa Baird
This post was written by Christopher C. Foster. As many of you no doubt have heard, the United States Supreme Court last week decided that FDA regulations applicable to generic…
Drug & Device Law June 24, 2011
What Other People Are Saying About Mensing
By Bexis
As we mentioned yesterday, due to Dechert’s involvement in litigation concerning the drug at issue in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011), we can’t…