Topic
Preemption
1,720 published works
Drug & Device Law
Bruesewitz – Here We Go Again
By Bexis
Today the Supreme Court granted certiorari in Bruesewitz v. Wyeth., No. 09-152. That means that the Supreme Court will resolve a split between the pro-preemption Third Circuit, and the anti-preemption…
Mass Tort Litigation Blog
SCOTUS Accepts Vaccine Preemption Case
By joetort
BNA Law Week reports:Bruesewitz v. Wyeth, No. 09-152. Does Section 22(b)(1) of the 1986 National ChildhoodVaccine Injury Act, which states that "[n]o vaccine manufacturer shallbe liable in a civil action…
Civil Procedure & Federal Courts Blog
SCOTUS Grants Cert in Vaccine Preemption Case
By Civil Procedure & Federal Courts Blog
The BNA reports here:Bruesewitz v. Wyeth, No. 09-152. Does Section 22(b)(1) of the 1986 National Childhood Vaccine Injury Act, which states that "[n]o vaccine manufacturer shall be liable in a…
International Law Prof Blog
Obama Administration Opposed to Congressional Recognition of Armenian Genocide
In an update to the report a few days ago on the vote by the U.S. House of Representatives Committee on Foreign Affairs to officially recognize the mass killings in…
Drug & Device Law
On State Of The Art And Preemption
By Bexis
We see so many cases alleging “illegal” promotion of off-label use that when we find one where the plaintiffs don’t make that sort of allegation, it makes us sit up…
Drug & Device Law
Mason Jarring, But Very Little There There
By Bexis
Last week we threw up a quickie post about the preemption - or more properly no-preemption decision in Mason v. SmithKline Beecham Corp., 2010 WL 605922, slip op. (7th Cir.…
Drug & Device Law
Bruesewitz Reconferenced
By Bexis
Remember Bruesewitz v. Wyeth? That's the case about the Vaccine Act and express preemption. It made our top ten list last year. Bruesewitz and it's evil twin, Wyeth v. Ferrari, appeared for…
Drug & Device Law
Well … Hell….
By Bexis
We've always thought that the FDA's close regulation of SSRI's (selective serotonin reuptake inhibitors) and the issue of suicide was among the best fact patterns for preemption. So did the FDA…
Drug & Device Law
What To Do With Un-Preempted Fraud On The FDA Claims
By Bexis
This post is about un-preempted fraud on the FDA claims and how to approach them…. "Heresy!" We hear you shout. "There’s no such thing as an unpreempted fraud on…
Drug & Device Law
Fraud on the FDA Bootstrap Argument Rejected In California
By Bexis
Two of the cases on our medical device preemption scorecard have been: Johnson v. Endovascular Technologies, Inc., 2008 WL 3139424 (Cal. Super. May 19, 2008). Express warranty and failure to…