Topic
Preemption
1,720 published works
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…
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Not too long ago, the Sixth Circuit - in an unpublished opinion in a below-the-radar case - held that a PMA medical device plaintiff had successfully threaded the preemption needle…
Securities Law Prof Blog
Ribstein on the Constitutionality of the Delaware Anti-Takeover Statute
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…
Drug & Device Law
Food for Thought
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…
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…
Green Building Law
BIA v. Washington State Building Council
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…
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,…
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. …
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…
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…