Topic
Preemption
1,721 published works
Sentencing Law and Policy
Would and should the feds sue California if it legalizes marijuana through Prop 19?
Main September 11, 2010Would and should the feds sue California if it legalizes marijuana through Prop 19? As detailed in this CBS News piece, which is headlined "Ex-DEA Administrators Call…
Land Use Prof Blog
Burger on Local Initiatives, Preemption, and the Market Participant Exception
Michael Burger (Roger Williams) has posted It's Not Easy Being Green: Local Initiatives, Preemption Problems, and the Market Participant Exception, published in the University of Cincinnati Law Review, Vol. 78, No.…
Drug & Device Law
Another parallel violation claim is blocked by § 337(a)
By dwalk
We have been saying for a long time that parallel violation claims that avoid preemption under 21 U.S.C. § 360k pursuant to Riegel v. Medtronic, Inc., 552 U.S. 312 (2008),…
The Appellate Strategist
California Supreme Court Grants Review in Another Preemption Case
The Supreme Court has granted review to again address preemption, this time in the timely area of consumer protection and banking. In Parks v. MBNA American Bank, the Court of…
Drug & Device Law
More Bad Preemption News – The Sledding Gets Tougher
By will
Yesterday, Judge John Fullam (Eastern District of Pennsylvania) denied Wyeth’s preemption-based summary judgment motion in a number of Effexor SSRI suicide cases. See Baumgardner v. Wyeth Pharm., Case No. 2:05-cv-05720-JF…
Drug & Device Law
Getting Out of Dodge Without Getting Out of Dodge
By Bexis
There is a lot of prescription drug/device litigation in state court (or at least some state courts) in both Pennsylvania and New Jersey. That's because, over the years a lot…
Drug & Device Law
There’ll Always Be Posner — Part “Many”
Judge Posner's opinions are usually right and, even more usually, brilliant. It's no surprise we've blogged about them so often. (For example, here, here, and here.) We could probably count…
Drug & Device Law
Bruesewitz – Missed One
By Bexis
It always seems to happen - even with a site recommended by the Supreme Court's own website. In our users' guide post last week to the defense-side (we'll stay away…
Drug & Device Law
Posner on Preemption (OTC Division)
By Bexis
We'll have a full review of Robinson v. McNeil Consumer Healthcare, No. 09-4011, slip op. (7th Cir. Aug. 11, 2010), on Monday, but there's one part of it that's too important…
Labor Law Prof Blog
Arizona Tempts Another Preemption Ruling
On the heels of its new immigration law, Arizona is coming close to holding a referendum on whether the state should guarantee the right of employees to vote for a…