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Preemption

1,720 published works

  1. Civil Procedure & Federal Courts Blog

    Levy and Glicksman on Preemption and Court Access

    By Civil Procedure & Federal Courts Blog

    Richard E. Levy (University of Kansas - School of Law) and Robert L. Glicksman (George Washington University - Law School) have posted Access to Courts and Preemption of State Remedies…

  2. TortsProf Blog

    Buzbee’s Introduction and Conclusion in “Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question”

    By Christopher Robinette

    William W. Buzbee (Emory) has posted the Introduction and Conclusion chapters from "Preemption Choice: The Theory, Law and Reality of Fedralism's Core Question" on SSRN.  The abtract provides:This posting provides…

  3. Drug & Device Law

    Once More Into The Breach

    By Bexis

    As long-time readers know, this blog was founded by a couple of guys who first got to know each other defending co-defendant manufacturers in the Orthopedic Bone Screw Mass Tort. …

  4. Civil Procedure & Federal Courts Blog

    Buzbee on Federalism

    By Civil Procedure & Federal Courts Blog

    William W. Buzbee (Emory University School of Law) has posted 'Federalism Floors, Ceilings, and the Benefits of Federalism’sInstitutional Diversity,' in Preemption Choice: The Theory, Law, andReality of Federalism’s Core Question…

  5. Drug & Device Law

    Negligence Per Se Does Not Equal “Parallel”

    By Bexis

    Just before the new year Medtronic's litigation team brought home yet another preemption win that bears discussion.  In Ilarraza v. Medtronic, Inc., slip op. (E.D.N.Y. Dec. 28, 2009), the plaintiff took…

  6. TortsProf Blog

    Buzbee on Preemption Choice

    By Christopher Robinette

    William W. Buzbee (Emory) has posted "'Federalism Floors, Ceilings, and the Benefits of Federalism’s Institutional Diversity,' in Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question" on SSRN. …

  7. TortsProf Blog

    Davis on Preemption

    By Christopher Robinette

    Mary J. Davis (Kentucky) has posted to SSRN The 'New' Presumption Against Preemption.  Here is the abstract:Is there or isn’t there a “presumption against preemption?” The Supreme Court continues to…

  8. Civil Procedure & Federal Courts Blog

    Cupp on Preemption and Products Liability Reform

    By Civil Procedure & Federal Courts Blog

    Richard L. Cupp, Jr. has posted Preemption's Rise (and Bit of a Fall) as Products Liability Reform:Wyeth, Riegel, Altria, and the Restatement (Third)'s PrescriptionProduct Design Defect Standard to SSRN.Abstract:     This…

  9. Drug & Device Law

    Top Ten Worst Prescription Drug/Medical Device Decisions Of 2009

    By Bexis

    It’s that time of year. Yeah, we know, it’s neither new nor original to do top ten lists – but it’s still fun. Except when it isn’t. How much fun…

  10. Drug & Device Law

    Preemption Scholarship

    By Bexis

    We were accused -- okay, okay; we were guilty -- of being an "all preemption, all the time" blog in the days leading up to the Supreme Court's decision in…