Topic
Preemption
1,722 published works
Drug & Device Law
Gelber: The Narrow Gap Between Medtronic and Bausch?
There have been some great duels throughout history: Plato-Aristotle, Stalin-Trotsky, Jolie-Aniston, us vs the Drug-and-Device Teenaged Daughter. It's hard not to root for one vs the other. (We pick Aristotle,…
Drug & Device Law
Another Medtronic Preemption Win
By Bexis
It's not a complete win, but 8 out of 9 ain't bad. In Kinetic Co. v. Medtronic, Inc., No. 08-CV-6062, slip op. (D. Minn. April 19, 2011), a third-party payer filed suit…
Civil Procedure & Federal Courts Blog
Cunningham on AT&T Mobility v. Concepcion
By Civil Procedure & Federal Courts Blog
We covered earlier AT&T Mobility v. Concepcion, which was argued in November and is still pending in the Supreme Court. The case presents the issue:Whether the Federal Arbitration Act preempts…
Drug & Device Law
No Claim for Conspiracy to Violate the FDCA
By Bexis
We just spotted Placencia v. I-Flow Corp., 2011 WL 1361562 (D. Ariz. April 11, 2011), a pain pump case, in which the court threw out the plaintiff's latest attempt to…
The Appellate Strategist
Preemption, Standing and Vexatious Litigants on California Supreme Court’s May Argument Docket
The California Supreme Court has scheduled oral arguments for May, including four civil cases. Brown v. Mortensen: The Court will address whether the Federal Credit Reporting Act (15 U.S.C. §…
ImmigrationProf Blog
BREAKING NEWS! Ninth Circuit Affirms Preliminary Injunction of Arizona’s SB 1070
Check out the Ninth Circuit's opinion in United States v. Arizona at Download Ninth circuit. The result is not entirely surprising given that the Ninth Circuit affirmed the relatively straight-forward preliminary…
Drug & Device Law
Crying Wolfe: We Like Every Part of the Decision Except Preemption and Punitive Damages (So We Don’t Like it that Much)
Last Friday we were treating a client to another stop on our ongoing Philly burger tour. (We know - it's amazing we're not big time rainmakers, right?) We agreed that…
Drug & Device Law
To Us, That Doesn’t Follow
By Bexis
We’re always open to flattery, and it’s flattering to us when somebody thinks that we provide the best legal research available (at least without a prescription). Occasionally, we’ll Google our…
Health Law Prof Blog
Benjamin M. Flowers: “Preemption, Market Segmentation, and Generic Drugs”
Benjamin M. Flowers, Student at the University of Chicago Law School, posted "Preemption, Market Segmentation, and Generic Drugs" on SSRN:In the years preceding and following the Supreme Court’s decision in Wyeth v.…
Drug & Device Law
On Circuit Splits
By Bexis
Our post the other day on Wolicki-Gables v. Arrow International, Inc., 2011 WL 780684, slip op. (11th Cir. March 8, 2011) (“W-G”), generated a fair amount of attention from some of…