Topic
Preemption
1,720 published works
Mass Tort Defense
Presidential Memo On Preemption Sends A Warning
By Sean Wajert
Along with my partner Andy Gaddes, I taught a recent CLE seminar on products liability issues. One of the topics the attendees -- in-house counsel fro
Drug & Device Law
A Trot Through Some Recent Scholarship
By Bexis
We're kicking back today and letting others do the work for us. Generally, practitioners don't read the law reviews. So we're skimming the tables of contents for you. Today's post…
Drug & Device Law
ADE Reports: Redaction Required
By Bexis
Yes, Virginia, the FDA's regulations requiring redaction of physician identifying information from Adverse Drug Event ("ADE") reports are mandatory - even if plaintiffs obtain them ... well ... irregularly. That's…
Constitutional Law Prof Blog
In case you missed it . . . Summer Edition Part 1
By ConLawProf initials at end of post
Hello dear profs! This has been quite a busy summer. Here a a few stories you might have missed while teaching, vacationing, or working on your scholarship. I present these…
Boston ERISA & Insurance Litigation Blog
If the Plan Fits, You Must Acquit (Or at Least Preempt)
Here’s an interesting case for you. Here in the First Circuit, we have plenty of case law making clear that theories of liability that serve as alternative enforcement mechanisms to…
Drug & Device Law
What’s up with Colacicco?
By Bexis
The last time we looked at the long-running Colacicco saga, the Third Circuit had vacated its 2007 decision and remanded the preemption issue back to the district courts. As to…
Mass Tort Litigation Blog
Douglas Smith on Preemption After Wyeth v. Levine
By joetort
Douglas Smith (Kirkland & Ellis) has posted on SSRN his article, Preemption After Wyeth v. Levine, Ohio St. L.J. (forthcoming 2009). Here's the abstract:This Article addresses the Supreme Court’s recent…
Ad Law Access
State Regulators’ Powers Over National Banks Reaffirmed by U.S. Supreme Court
By Kelley Drye
Recently, the United States Supreme Court, in its decision styled Andrew M. Cuomo v. The Clearing House Association, L.L.C., No. 08-453, reaffirmed that federal banking regulations do not pre-empt states…
Drug & Device Law
Device Preemption Win In Louisiana
By Bexis
A tip of the cyberhat to blog reader Ed Fitzgerald at Gordon & Rees for sending us the latest preemption win in the post-Riegel device world. It's Bencomo v. Guidant…
Drug & Device Law
Some Thoughts On Pleading And Proving FDA Actions
By Bexis
This post is largely about drug and medical device litigation “inside baseball.” Some of it’s going to be really technical. So if you’re looking for philosophical musings, or just a…