Topic
Preemption
1,722 published works
TortsProf Blog
Sharkey on Recent Preemption Cases
In an interview at Abnormal Use, Cathy Sharkey (NYU) discusses the Supreme Court's recent preemption decisions Brusewitz v. Wyeth and Williamson v. Mazda Motors of Am., Inc.- SBS
PrawfsBlawg
A Presumption Against Cost-Benefit Preemption?
Main Friday, February 25, 2011A Presumption Against Cost-Benefit Preemption?The SCOTUS's decision in Williamson v. Mazda Motors is welcome to all friends of federalism not only because of its pleasingly unanimous…
The Appellate Strategist
Supreme Court Holds Seatbelt Suits Not Pre-empted
By Lenore Smith
The Supreme Court recently decided that Federal Motor Vehicle Safety Standard 208 (FMVSS 208), which requires auto manufacturers to install lap-and-shoulder seatbelts on seats next to a vehicle’s door frames,…
Drug & Device Law
No Automotive Preemption In Williamson v. Mazda.
By Bexis
In our earlier post about Bruesewitz, our first takeaway was that "[e]xpress preemption has more friends on the Court than implied preemption." That proposition was certainly on display today in…
The Appellate Strategist
Supreme Court Sides with Vaccine Manufacturers in Bruesewitz v. Wyeth LLC
By Kelly Savage
The Supreme Court, voting 6-2, ruled on Tuesday that the National Childhood Vaccine Act of 1986 (NCVIA or Act) bars state-law product liability claims against vaccine manufacturers. [See Bruesewitz v.…
Drug & Device Law
Notes on Bruesewitz
By Bexis
Yesterday we were busy ... or traveling ... or whatever. Presumably everybody reading this already knows that yesterday the Supreme Court was simply busy - and decided the Bruesewitz v.…
Civil Procedure & Federal Courts Blog
Today’s SCOTUS Decision in Williamson v. Mazda: More on Federal Preemption of State Tort Claims
By Civil Procedure & Federal Courts Blog
Following up on yesterday’s decision in Bruesewitz v. Wyeth, the Supreme Court issued another decision on preemption today: Williamson v. Mazda (covered earlier here). Justice Breyer wrote the Opinion of…
TortsProf Blog
Bruesewitz v. Wyeth
In a 6-2 decision, the United States Supreme Court upheld preemption: “We hold that the National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs…
Civil Procedure & Federal Courts Blog
Today’s SCOTUS Decision in Bruesewitz v. Wyeth: Preemption of State Tort Claims by National Childhood Vaccine Injury Act
By Civil Procedure & Federal Courts Blog
The Supreme Court issued its decision today in Bruesewitz v. Wyeth (covered earlier here), which presents the question “whether a preemption provision enacted in the National Childhood Vaccine Injury Act…
Drug & Device Law
The Real Deal on Preemption and TwIqbal
Google Judge Manuel Real of the Central District of California. Go ahead. We'll wait. Pretty amazing career, right? Since he took the bench in 1966, Judge Real has been at…