Topic
Preemption
1,720 published works
Drug & Device Law
Generic Preemption – Still Kicking
By Bexis
There's life in generic preemption yet. The court in Gaeta v. Perringo Pharmaceuticals, slip op. (N.D. Cal. Nov. 24, 2009), has denied reconsideration of the preemption summary judgment entered last…
Drug & Device Law
Mensing – Brand Name Wins, Generics Lose
By Bexis
The Eighth Circuit gave brand name drug manufacturers cause to give thanks yesterday, but for generics, is was Black Friday. In Mensing v. Wyeth, Inc., No. 08-3850, slip op. (8th…
Drug & Device Law
Zipursky On Preemption “In The Spirit Of Conversation”
By Bexis
Professor Ben Zipursky (Fordham) just published a guest post over at Torts Prof Blog ruminating about why the Supreme Court found preemption in the context of medical devices that had…
Drug & Device Law
Questioning McQuiston
By Bexis
Here's today's question: What do we think of McQuiston v. Boston Scientific Corp., No. 5:07-cv-01723-TS-MLH, slip op. (W.D. La. Nov. 19, 2009) (link here)? Here's today's answer: We love it!…
TortsProf Blog
Guest Blogger Ben Zipursky on “The Differential Treatment of Medical Devices and Drugs in Preemption Doctrine: A Justified Distinction?”
One year ago, many tort scholars and securities analysts believed that a major shift was about to occur in products liability law: our nation’s highest court was about to declare…
Sentencing Law and Policy
“On the Limits of Supremacy: Medical Marijuana and the States’ Overlooked Power to Legalize Federal Crime”
Main October 29, 2009"On the Limits of Supremacy: Medical Marijuana and the States’ Overlooked Power to Legalize Federal Crime" The title of this post is the title of this timely…
Drug & Device Law
Sprint Fidelis – Strike Two (State Court Dismissal)
By Bexis
In a decision that largely tracks the preemption rulings already reached (and currently on appeal) in the Sprint Fidelis MDL, see In re Medtronic Sprint Fidelis Leads Products Liability Litigation,…
Civil Procedure & Federal Courts Blog
Cert. Grant in Case Involving Complete Preemption and Federal Officer Removal
By Civil Procedure & Federal Courts Blog
Today the Supreme Court granted certiorari in Health Care Service Corporation v. Pollitt (No. 09-38). The decision below is at 558 F.3d 615 (7th Cir. 2009). BNA reports that the…
Drug & Device Law
Okay – Everybody Update Your Briefs
By Bexis
The Riegel v. Medtronic case now has an official "U.S." cite. It's now Riegel v. Medtronic, Inc., 552 U.S. 312 (2008).
TortsProf Blog
Cupp on Preemption
Richard Cupp (Pepperdine) has posted to SSRN Preemption's Rise (and Bit of a Fall) as Products Liability Reform: Wyeth, Riegel, Altria, and the Restatement (Third)'s Prescription Product Design Defect Standard. …