Topic
Preemption
1,720 published works
Drug & Device Law
A story to warm the hearts of defense lawyers
By dwalk
Everyone likes to hear stories about how someone overcame obstacles, right? Magazines and television shows are filled with heartwarming stories of triumph over adversity. Well, Lewkut v. Stryker Corp., No.…
Ohio Environmental Law Blog
Expansive Pre-emption in Climate Bill is Right Focus
Last week, Senator Voinovich drew attention and criticism for proposing a significant expansion of the preemption language in the forthcoming bi-partisan climate bill to be introduced by Senators Kerry, Lieberman…
Sentencing Law and Policy
New litigation laboratory for criminal justice federalism with Arizona immigration law
Main April 26, 2010New litigation laboratory for criminal justice federalism with Arizona immigration lawThe big news lately in the debate over immigration from from Arizona thanks to its recent passage…
Civil Procedure & Federal Courts Blog
Copeland on Mediating Judicial Interaction in a Federal Regime
By Civil Procedure & Federal Courts Blog
Charleton C. Copeland (University of Miami School of Law) has posted Federalism's Duty: Mediating Judicial Interaction in a Federal Regime to SSRN.Abstract:This article argues that this "middle path" represents a…
Drug & Device Law
The Un-Dead on “Parallel Requirements,” Preemption, and Punitive Damages
By Bexis
He may be gone - dead in the blogging sense - but Herrmann continues to provide scholarly commentary about issues we care about from beyond the cyber-grave. Dave Alden, Mark's…
Drug & Device Law
SCOTUSblog on Preemption after Justice Stevens
By Bexis
The other day, SCOTUSblog, which has to be in the running for the best legal blog there is, ran a lengthy article entitled "How Could The Supreme Court Shift After…
CAFA Law Blog
Around the Blogosphere: Wells Fargo Class Action Defense Cases-Martinez v. Wells Fargo: Ninth Circuit Court Affirms Dismissal Of Class Action Holding RESPA and UCL Claims Preempted By National Bank Act
Here’s an interesting post from Michael Hassen at the Class Action Defense Blog on a recent Ninth Circuit case involving RESPA and California UCL claims and preemption. Take a look:…
Drug & Device Law
Sometimes the marketplace of ideas actually works
By dwalk
Although trial court judges mostly get things right, every once in a while a trial court judge will issue an opinion that just plain stinks. We aren’t simply talking about…
Drug & Device Law
“A Causal Relationship Need Not Have Been Proved”
By Bexis
Here’s a dirty little secret – plaintiffs’ lawyers really love preemption. They love it, but they won’t ever admit it. To them, it’s a doctrine that dares not speak its…
Drug & Device Law
First Random Thoughts About The Vaccine Act
By Bexis
The other day we learned that the U.S. Supreme Court will decide Vaccine Act preemption in Bruesewitz v. Wyeth. We’ll have plenty of time to obsess about the Bruesewitz case itself…