Topic
Preemption
1,721 published works
Drug & Device Law
Yessssssss … Medtronic Really on a Roll
By Bexis
We've just learned that the Eighth Circuit as affirmed the preemption-based dismissal of the entire Sprint Fidelis Multidistrict Litigation. This is the first major appellate test of PMA preemption post-Riegel…
InsureReinsure
Cedent Contends that U.S. Supreme Court Should Resolve Circuit Split Concerning Whether Convention Preempts State Law Precluding Arbitration
In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning…
Drug & Device Law
Bruesewitz Oral Argument – Some Things To Watch For
By Bexis
The Supreme Court will hear oral argument in Bruesewitz v. Wyeth on Tuesday, October 12. Our prior Bruesewitz posts are here. We've taken a quick look at the briefs (look…
TortsProf Blog
Guest Blogger Catherine Sharkey on “The Politics of Preemption: NHTSA, State Tort Law & Automobile Safety”
Today's guest blogger is Catherine M. Sharkey, Professor of Law at New York University School of Law. The Politics of Preemption: NHTSA, State Tort Law & Automobile SafetyToday, the first Monday in…
Drug & Device Law
Interesting Supreme Court Cert. Grants
By Bexis
The whole list is available at the inestimable SCOTUSblog, but there were a few grants of certiorari from Monday's annual "long conference" that readers of this blog will find particularly…
Drug & Device Law
Get rid of parallel violation claims without supporting facts
By dwalk
Sometimes repeated litigation concerning a particular product can help establish legal standards applicable to all cases, especially if many people received the product and try to bring suits. Plaintiffs try…
InsureReinsure
United States Solicitor General: The Convention Is Not Preempted by the McCarran-Ferguson Act
As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen – Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09…
Drug & Device Law
Preemption, Presumption, And Parallel Claims
By Bexis
Two recent cases, one good and the other not, have us thinking about the presumption against preemption in the context of “parallel” claims – that would be medical device preemption…
Drug & Device Law
A jury reportedly finds the risks of an FDA-approved drug outweighed its benefits, and an interesting appeal should follow
We have written several times before about the good and the bad pretrial rulings in Bartlett v. Mutual Pharmaceutical Co., No. 08-358 (D.N.H.). Faithful readers will recall that the plaintiff…
Sixth Circuit Appellate Blog
En Banc Watch: Wyeth Asks for Rehearing En Banc on the Sixth Circuit’s Preemption Decision
As we reported earlier, Wyeth v. Wimbush was one of the first cases interpreting the Supreme Court’s decision in Wyeth v. Levine, and the first to extend Levine beyond failure…