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Preemption

1,720 published works

  1. Drug & Device Law

    What’s the FDA’s View of Preemption in the Generic Drug Context?

    By Bexis

    We don't know, but we're likely to find out soon.  In the consolidated appeal of the Smith v. Wyeth, Wilson v. Pliva, and Morris v. Wyeth cases (see our drug…

  2. Drug & Device Law

    PMA and Negligence Per Se Post Preemption – Then What?

    By Bexis

    Not too long ago, the Sixth Circuit - in an unpublished opinion in a below-the-radar case - held that a PMA medical device plaintiff had successfully threaded the preemption needle…

  3. Securities Law Prof Blog

    Ribstein on the Constitutionality of the Delaware Anti-Takeover Statute

    By Securites Lawprof

    Preemption as Micromanagement, by Larry E. Ribstein, University of Illinois College of Law, was recently posted on SSRN.  Here is the abstract:Guhan Subramanian, Steven Herscovici & Brian Barbetta, Is Delaware’s…

  4. Drug & Device Law

    Food for Thought

    By Stephen McConnell

    When it comes to food, we're more often like the kids singing "Food, Glorious Food" in the beginning of the musical Oliver! than like the serious legal mavens we pretend…

  5. Drug & Device Law

    The Perils Of All Rule 12 All The Time

    By Bexis

    We’ve got a search with one of the services that notifies us whenever any new opinion cites Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001).  Why?  Well, there’s…

  6. Green Building Law

    BIA v. Washington State Building Council

    By Shari Shapiro

    On Friday, I posted the complaint for BIA v. Washington State Building Council, filed on May 25, 2010 by the Building Industry Association of Washington to enjoin (or, in regular english, stop) the Washington…

  7. Drug & Device Law

    Managing the Michigan Diaspora

    By Bexis

    We haven’t heard the folks on the other side say it much, since ATRA’s pretty much taken over squatter’s rights to the phrase “Hellhole Jurisdiction,” but if they listed theirs,…

  8. Drug & Device Law

    Miller Preemption Case Punted, Too

    By Bexis

    We were expecting it, after Dobbs, but the 10th Circuit issued similar order today vacating and remanding Miller v. SmithKline - the other SSRI preemption appeal it had before it. …

  9. Drug & Device Law

    Dobbs – 10th Circuit Punts SSRI Preemption Back To District Court

    By Bexis

    In a one-paragraph order, the Tenth Circuit today in Dobbs v. Wyeth Pharmaceuticals, No. 08-6018, slip op. (10th Cir. June 2, 2010), vacated the trial court's pre-Levine preemption summary judgment and…

  10. Drug & Device Law

    The pendulum swings too far against preemption

    By dwalk

    Courts tend to overreact to Supreme Court decisions. The Supreme Court rules for a plaintiff on a specific ground and suddenly lower courts overwhelmingly rule for plaintiffs who bring even…