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Preemption

1,720 published works

  1. 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

  2. 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…

  3. 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…

  4. 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…

  5. Boston ERISA & Insurance Litigation Blog

    If the Plan Fits, You Must Acquit (Or at Least Preempt)

    By Stephen Rosenberg

    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…

  6. 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…

  7. 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…

  8. 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…

  9. 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…

  10. 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…