Topic
Preemption
1,720 published works
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…
TortsProf Blog
Buzbee’s Introduction and Conclusion in “Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question”
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…
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. …
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…
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…
TortsProf Blog
Buzbee on Preemption Choice
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. …
TortsProf Blog
Davis on Preemption
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…
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…
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…
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…