Topic
Preemption
1,720 published works
Mass Tort Litigation Blog
Richard Epstein on Preemption and the Medical Device Safety Act
By joetort
Richard Epstein (Chicago & NYU) discusses them both in his recent Forbes column.BGS
Mass Tort Litigation Blog
Rollback of Preemption Under Obama Administration
By joetort
Discussed by Carter Wood at Point of Law.BGS
Drug & Device Law
Epstein On Preemption In Forbes
By Bexis
Richard Epstein (Chicago and NYU) has this piece -- arguing that Congress should maintain preemption in the context of PMA-approved medical devices and extend similar protection to prescription drugs --…
Drug & Device Law
D. Utah Goes 1-1-1 (Lake-Allen v. J&J)
By Bexis
We keep score here. We keep the Drug/Vaccine Preemption Scorecard, collecting cases addressing preemption in the context of prescription drugs. We keep the Device Preemption Scorecard, tracking device preemption cases…
Mass Tort Litigation Blog
Bernstein on Implied Reverse Preemption
By joetort
Anita Bernstein (Brooklyn Law) has recently posted an intriguing article in SSRN entitled "Implied Reverse Preemption." Here is the abstract:When they apply the doctrine of preemption, courts refuse to hearclaims…
Drug & Device Law
Preemption In The Washington Post
By Bexis
This article in today's Washington Post, by Jeff Rosen and Jay Lefkowitz, says that President Obama's May 20 memorandum on preemption "relied on a rationale that makes no sense and…
Life Sciences Legal Update
Senate Committee Meets To Hear From Witnesses Regarding “The Medical Device Safety Act of 2009”
On Tuesday, August 4, 2009, the Senate Committee on Health, Education, Labor and Pensions met for a hearing called "Protecting Patients from Defective Medical Devices" regarding Senate Bill 540, a…
Drug & Device Law
Preemption in the In Box
By Bexis
A tip of the cyberhat to Ed Gerecke, Penelope Dixon, and Dave Walz and of Carlton Fields for passing along news of another preemption win, in Wolicki-Gables v. Arrow International,…
Drug & Device Law
Riegel At 1 1/2 : What Do We Know Now About Parallel Violation Claims?
By Bexis
Our last preemption-related post was more than three weeks ago, on July 2. Can you believe it? What ever happened to “all preemption, all the time,” as we used to…
Land Use Law Blog
Another Developer Win on Affordable Housing Regs: A Local Agency can be Preempted from Implementing Affordable Housing Requirements as a Condition of a Project Approval
By Katherine J. Hart The City of Los Angeles ("City") adopted a Specific Plan containing a provision which imposes affordable housing requirements on residential and mixed use projects of more…