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Preemption

1,721 published works

  1. 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.…

  2. 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…

  3. 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…

  4. Dangerous Drugs & Medical Devices

    Solicitor General Files Brief in Pliva v. Mensing, Rejects Preemption

    By Justinian Lane

    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…

  5. 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…

  6. 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…

  7. 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…

  8. 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…

  9. 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,…

  10. 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…