Topic
Preemption
1,720 published works
TortsProf Blog
Wyeth v. Levine Post-Script
Pharmalittle brings news of an interesting post-script to the Supreme Court's decision in Wyeth v. Levine (pdf) last March. In Wyeth, Diana Levine won a $7.4 million damages award against Wyeth…
Sentencing Law and Policy
Miami sex offender residency restriction upheld by state court
Main September 17, 2009Miami sex offender residency restriction upheld by state courtThis Miami Herald story, headlined "Judge rules Miami-Dade sex-offender residency law is valid," reports on a new ruling in…
Drug & Device Law
Better Late Than Never?
By Bexis
Everyone in the world - at least everyone who reads our blog - knows that the Supreme Court rejected preemption in Wyeth v. Levine, in large part because the regulatory…
Drug & Device Law
An Odd Device Preemption Tangent
By Bexis
From where we sit, today's post goes 0 for 2: First, the case involves a lawsuit between health care providers and a medical device company. We don't like to hear…
International Law Prof Blog
CA Armenian Genocide Law Preempted by Federal Foreign Affairs Power
The U.S. Court of Appeals for the Ninth Circuit recently issued a decision holding that a California law intended to benefit victims of the Armenian Genocide is preempted by the…
Civil Procedure & Federal Courts Blog
Hot off the Presses: Recently Published Articles of Interest
By Civil Procedure & Federal Courts Blog
With a hat tip to last week's Current Index of Legal Periodicals, here are some recent articles that may be of interest: David Brennan, Federal Preemption of All State Law…
Drug & Device Law
Embedded Fraud On The FDA
By Bexis
Last week we put In re Mentor Corp. Obtape Transobturator Sling Products Liability Litigation (Doria), 2009 WL 2600517 (M.D. Ga. Aug. 24, 2009) (slip op. here), on the device preemption…
Drug & Device Law
Hot Off The Presses – Statute of Repose Defense Win in Fen-Phen Appeal
By Bexis
This is a Bexis only post. Herrmann represents Wyeth and doesn't want to go on record on this.We mentioned the Montgomery v. Wyeth case before, here. Well we're pleased to…
Constitutional Law Prof Blog
In case you missed it . . . the “Welcome Back” Edition!
By ConLawProf initials at end of post
Hello Law Profs (and other readers!). As we all know, some stories generate sustained media attenion while others fly under the radar. Here is a list of cases you may…
NC Legal Landscapes
Legal Update – Sewage Sludge and the Doctrine of Preemption
By Tom Terrell
This week the Pennsylvania Commonwealth Court (Commonwealth v. East Brunswick Township) used the doctrine of preemption to overturn a local ordinance that attempted to regulate the application of sewage…