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Preemption

1,720 published works

  1. TortsProf Blog

    Wyeth v. Levine Post-Script

    By Christopher Robinette

    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…

  2. Sentencing Law and Policy

    Miami sex offender residency restriction upheld by state court

    By Douglas Berman

    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…

  3. 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…

  4. 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…

  5. International Law Prof Blog

    CA Armenian Genocide Law Preempted by Federal Foreign Affairs Power

    By InternationalLaw Blogger

    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…

  6. 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…

  7. 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…

  8. 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…

  9. 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…

  10. 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…