Topic
Preemption
1,721 published works
Drug & Device Law
Dog Bites Man Again
By Bexis
Is it still news when Medtronic wins a preemption motion for one of its PMA devices? We think so, so we'll tell our readers about Stengel v. Medtronic, Inc., No.…
Drug & Device Law
Preemption, Pleading & Rule 11
By Bexis
One way that some plaintiffs seem to be responding to TwIqbal is simply to make up the facts needed to plead a plausible claim. That happened in Cornwell v. Stryker…
Civil Procedure & Federal Courts Blog
SCOTUS Oral Argument in Preemption Case: Williamson v. Mazda
By Civil Procedure & Federal Courts Blog
The Supreme Court heard oral argument yesterday in Williamson v. Mazda Motor of America, Inc. (08-1314), which presents the question:Where Congress has provided that compliance with a federal motor vehicle safety…
Dangerous Drugs & Medical Devices
Solicitor General Files Brief in Pliva v. Mensing, Rejects Preemption
A little late, but better than never. Especially since the Solicitor General agrees that failure to warn lawsuits against generic manufacturers are not preempted by the FDCA: The court of…
California Employment Law Update
Hotel Workers Ordinance Is Not Unconstitutional
By Tony Oncidi
Garcia v. Four Points Sheraton LAX, 188 Cal. App. 4th 364 (2010) In 2006, the City of Los Angeles enacted the Hotel Service Charge Reform Ordinance, which required non-unionized hotels…
Drug & Device Law
More on Bryant v. Medtronic
By Bexis
Shortly after Riegel v. Medtronic, Inc., 552 U.S. 312 (2008) was decided, we put up a post, “Riegel at (Almost) Six Months,” where we surveyed the immediate aftermath of the…
Drug & Device Law
Interesting Third Circuit Discussion of Levine
By Bexis
The Third Circuit issued a whopper of a preemption opinion on Friday in Farina v. Nokia, Inc., ___ F.3d ___, 2010 WL 4138502 (3d Cir. Oct. 22, 2010), unanimously holding…
Civil Procedure & Federal Courts Blog
3d Cir. on Preemption of Cellphone Liability Lawsuits
By Civil Procedure & Federal Courts Blog
The Third Circuit has held in Farina v. Nokia that consumers may not sue cellphone companies over health hazards posed by cellphone radio wave emissions because this conflicts with the…
Drug & Device Law
Still Rolling….
By Bexis
A tip of the cypercap to Dave Gossett at Mayer Brown, who has just forwarded to us the latest Medtronic preemption win. It's Cenac v. Hubble, C.A. No. No. 09-3686,…
Drug & Device Law
Post-Levine Drug/Vaccine Preemption Cheat Sheet
By Bexis
It's no secret that non-medical device preemption arguments haven't been as successful after Wyeth v. Levine as they were before. Here at the Drug and Device Law Blog, we like…