Topic
Preemption
1,721 published works
Drug & Device Law
And You Heard It First On….
By Bexis
The FDA Law Blog.... That's right, we blew it. Mensing wasn't reconferenced, rather certiorari was actually granted - contrary to the advice of the solicitor general, and without any circuit…
Drug & Device Law
TwIqbal & PMA Preemption, Perfect Together
By Bexis
We’ve blogged repeatedly about preemption in PMA medical device cases. We’ve also had a lot to say about using TwIqbal (that is Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), and…
Land Use Prof Blog
Ostrow on Process Preemption in Federal Siting Regimes
Ashira Ostrow (Hofstra) has posted Process Preemption in Federal Siting Regimes, forthcoming in the Harvard Journal on Legislation, Vol. 48 (2011). The abstract:Historically, land use regulation has been considered a…
ImmigrationProf Blog
Transcript to Oral Argument in Chamber of Commerce v. Whiting
Here is a link on SCOTUS Blog the transcript to the oral argument earlier today before the U.S. Supreme Court in Chamber of Commerce v. Whiting. See Download Transcript For…
Drug & Device Law
On the Letter of the Law
By Bexis
First of all, yeah, we know about Wyeth v. Rowatt, ___ P.3d ___, 2010 WL 4812919 (Nev. 2010). We’re just extremely limited in what we can say, since here on…
Securities Law Prof Blog
Recent New York State and Federal Court Decisions Reject “Martin Act Preemption” Doctrine
A persistent and unresolved question in New York state investor protection law is whether common-law causes of action for breach of fiduciary duty and gross negligence are preempted by the…
Drug & Device Law
Ba-Da Bum Bum Bum … Another One Bites The Dust
By Bexis
Medtronic wins another PMA-preemption-based dismissal. The cite: Walker v. Medtronic, Inc., C.A. No. 2:07-00317, slip op. (S.D.W. Va. Nov. 24, 2010). The reasoning: It's a PMA device (an infusion pump),…
TortsProf Blog
Guest Blogger Mary Davis: Preemption and Modern Tort Litigation
I have spent the better part of the last decade thinking and writing about federal preemption of state common law damages actions, particularly in the products liability context. I think…
California Employment Law Update
Ninth Circuit Refuses to Allow Parallel Federal and State Wage-and-Hour Class Actions to Proceed
By David Gross
On November 3, 2010, the Ninth Circuit Court of Appeals refused to hear an appeal brought by a Harrah’s Las Vegas casino dealer challenging the District Court’s ruling that her…
Employment Class Action Blog
Court Finds That Labor Contracts Preempt State Law Wage and Hour Claim
By Greg Mersol
Donning and doffing claims? Two unions? Two contracts? State law wage and hour claims? Preemption? Removal jurisdiction? Many of the thorniest wage and hour issues have made their way into…