Topic
Preemption
1,720 published works
ImmigrationProf Blog
Update from Arizona, Ground Zero for the National Debate on Immigration; DOJ Visits the Valley of the Sun, “Preliminary” Assessment of Arizona Law Released, and SG Kagan
News keeps coming from Arizona, including the news of protests over the Memorial Day weekend of the state's new immigration law.. On Friday, U.S. Department of Justice officials visited the…
Drug & Device Law
Guest Post – More Musings on Mensing –Will Conte Rear Its Ugly Head if Claims Against Generic Companies Are Preempted?
By Bexis
What follows is a guest post from Kelly Savage Day of Sedgwick Detert. Kelly gets all the credit, and all the blame, for this post. ************** As many of you know,…
Drug & Device Law
Latest Supreme Court Preemption Moves
By Bexis
Yesterday, the Supreme Court granted cert. in Williamson v.. Mazda, No. 1314, a preemption case involving the 1966 Federal Motor Vehicle Safety Act. This was the case where Elena Kagan,…
Intellectual Property Law Blog
California Court Takes On Trade-Secret Preemption of Other Civil Claims
Recently, a California court of appeal took up an issue that is more often examined by federal courts than state courts: trade-secret preemption of related tort claims. The California Uniform…
Drug & Device Law
Murphy’s Preemption Law
By Bexis
We've just been tipped off (thanks to Kamie Brown of Snell & Wilmer) to a new Buckman preemption win in Utah. It's Murphy v. Mylan, Inc., No. 080500804, slip op.…
Drug & Device Law
Some good judicial work on consumer fraud claims
By dwalk
Most lawyers’ eyes light up when they talk about the big, bold, flashy pieces of judicial work. Justice Scalia’s opinions, especially his dissents. Judge Posner’s exercises in legal scholarship. Judge…
Drug & Device Law
Thoughts on the Tegretol Complaint
A new lawsuit was filed in our favorite Judicial Hellhole, Madison County, Illinois, alleging that a pharmaceutical company failed to warn that African-Americans face an elevated risk of certain dermatological…
Drug & Device Law
Guest Post – H.R. 6381: Will Congress Strip Class III Medical Device Manufacturers of Their Pre-Emption Defenses?
By Bexis
This blog welcomes guest posts, particularly by other defense counsel. We're just as lazy as the next guy. This is a guest post by John A. Tartaglia III, of the…
Drug & Device Law
Bam, bam, bam
Bam, bam, bam. That’s the sound – not to be confused with Wham!, Bam!, or even Bamm-Bamm – of another nail being driven into the coffin of Conte v. Wyeth,…
Constitutional Law Prof Blog
Arizona’s Immigration Law, Supremacy, and Federal Preemption
By ConLawProf initials at end of post
Does Arizona's new immigration law, SB 1070, violate the Supremacy Clause of the U.S. Constitution? It may, in (at least) two ways.SEE ALSO THE UPDATES AT THE END OF THIS POST.First,…