Topic
Preemption
1,722 published works
Drug & Device Law
A Mixed Bag In The Kugel Mesh Litigation
By dwalk
We have mentioned before on occasion rulings in the pretrial phase of the Kugel Mesh Hernia Repair Patch Litigation, MDL No. 1842 (D.R.I.). But we haven’t talked much about the…
Drug & Device Law
Res Ipsa and Preemption Meet Cute
It's Valentine's Day, so we blow a kiss towards our true love, preemption. But while we love preemption, we must confess ill will toward the "parallel claim" end-run around preemption.…
Drug & Device Law
New (Bad) Hormone Therapy Decision From Pennsylvania
By will
We can’t say much about it because of our involvement in the Hormone Therapy litigation, but the Pennsylvania Superior Court has issued its decision in Daniel v. Wyeth Pharms., 2011…
Drug & Device Law
Buckman Preemption – The Good, The Bad, And The Ugly – And (This Just In) The Funky
By Bexis
We’re returning to the topic of implied Buckman preemption today to discuss three recent decisions, Hughes v. Boston Scientific Corp., ___ F.3d ___, 2011 WL 184554 (5th Cir. Jan. 21,…
Drug & Device Law
While We Wait On Mensing, Another Circuit Shoots Down Generic Preemption
By will
We’re all curious to see what the Supreme Court does with the generic prescription drug manufacturers’ preemption defense in Actavis Elizabeth, LLC v. Mensing, which is scheduled for argument on…
TortsProf Blog
Hylton on Preemption
Keith Hylton (Boston University) has posted to SSRN An Economic Perspective on Preemption. The abstract provides:This paper has two goals. The first is to present an economic theory of preemption…
Drug & Device Law
On The Preemption Radar Screen
By Bexis
It's not exactly drugs/devices, but it's food (which is close), and it's preemption, and it's the Supreme Court, so we thought we'd let you know. There's a pending cert. petition…
Wage & Hour Litigation Blog
District Court Vacates Favorable Ruling for Employers That FLSA Opt-In Provision Preempts State Law Class Action
Authored by Brandon McKelvey Last year employers were pleased with an order of a Nevada federal court that dismissed a state law class action on the grounds that it was…
The Faculty Lounge
Conflict Preemption and the Secret Ballot for Union Representation
The National Labor Relations Board has indicated its intent to sue four states – Arizona, Utah, South Dakota, and South Carolina – because each has adopted a constitutional provision that…
Drug & Device Law
Bashing Bausch
By Bexis
We put up an initial post about Bausch v. Stryker Corp., ___ F.3d ___, 2010 WL 5186062 (7th Cir. Dec. 23, 2010), back in December, only four days (including Christmas) after…