Topic
Preemption
1,720 published works
Wage & Hour Law Update
Circuit Court Reiterates That State Wage and Hour Laws Need Not Mirror FLSA
As discussed here, the FLSA contains a provision relating to the compensability of time spent donning and doffing uniforms, when the compensability of such time is addressed in a collective…
TortsProf Blog
SC Finds Preemption Based on Regulation 205 (Car Glazing Standards)
In an opinion released yesterday, the South Carolina Supreme Court held that the "Federal Motor Vehicle Safety Standard 205 (49 C.F.R. § 571.205 (1971)) preempts a state law products liability claim…
Drug & Device Law
Preemption and generic drugs: the Department of Justice tells the Sixth Circuit to get in line behind the Supreme Court
By dwalk
We told you last month that the Sixth Circuit had asked the FDA for its views of preemption in the generic drug context. The FDA's brief was due today, and…
Drug & Device Law
Cornett – The Sequel
By Bexis
Yesterday we regaled you with the first half of the decision in Cornett v. Johnson & Johnson, ___ A.2d ___, 2010 WL 2867811 (N.J. Super. A.D. July 23, 2010), concerning…
International Law Prof Blog
US Court Blocks Much of Controversial AZ Immigration Law
U.S. District Court Judge Susan Bolton has ruled that many of the most controversial provisions of S.B. 1070, the recent immigration law adopted in Arizona, are unconstitutional. The decision may…
Civil Procedure & Federal Courts Blog
Interesting Case on Preemption and Twombly
By Civil Procedure & Federal Courts Blog
Courtesy of the Drug and Device Law Blog comes this post about Franklin v. Medtronic, Inc., 2010 U.S. Dist. LEXIS 71069 (D. Col. May 12, 2010). The court dismissed a…
Drug & Device Law
Bartlett – Not All Pear-Shaped After All
By Bexis
Last Friday we had a brief post about the new decision in Bartlett v. Mutual Pharmaceutical Co., 2010 WL 2765358 (D.N.H. July 12, 2010). That was a tickler; we promised…
Boom: The ERISA Law Blog
DC Circuit – ERISA Preemption and Third Party Benefit Plan Managers
By Mike Reilly
What happens when state statutes impose duties on third parties administering ERISA plan benefits? That issue was addressed this last week in the July 9, 2010 case of Pharmacy Care…
ImmigrationProf Blog
Justice Department to Challenge Arizona Law
Jerry Markon of the Washington Post reports that numerous sources have confirmed that the U.S. Department of Justice will join many civil rights, immigrant rights, and other groups and challenge the…
Drug & Device Law
Lofton: Levine Does Not Undercut Buckman
By Bexis
We previously posted about the decision in Lofton v. McNeil Consumer & Specialty Pharmaceuticals, 682 F. Supp.2d 662 (N.D. Tex. 2010), here, so this post will be brief. Plaintiffs sought…