Topic
Preemption
1,720 published works
Drug & Device Law
Preemption Conference in Philadelphia June 3, 2009
By Bexis
Hear the perspectives from both sides. One of your co-hosts - Bexis (Herrmann couldn't make it) - leads off a day-long Harris-Martin conference on "Preemption in a Post-Levine World" at…
Drug & Device Law
A Device Preemption Quickie — Heisner v. Genzyme
By Bexis
In Heisner v. Genzyme, No. 08-C-593, 2009 U.S. Dist. LEXIS 37322 (N.D. Ill. Apr. 30, 2009), Heisner allegedly died as a result of an allergic reaction to Seprafilm, an anti-adhesive…
Drug & Device Law
Pre-Service Removals: They Keep On Coming
By Bexis
At this point, we feel as though we're obligated to track this issue: When a plaintiff files a complaint in state court that names both residents and non-residents of the…
Mass Tort Defense
White Paper Explains Detrimental Impact of Proposed Medical Device Anti-Preemption Bill
By Sean Wajert
Much of the debate over the preemption doctrine, certainly in the media and even in many legal circles, has focused on the alleged inadequacy of the F
Sentencing Law and Policy
NJ Supreme Court finds local residency restrictions preempted by state’s Megan’s law
Main May 7, 2009NJ Supreme Court finds local residency restrictions preempted by state's Megan's lawAs detailed in this press coverage, "The New Jersey Supreme Court today upheld a lower court…
Drug & Device Law
Device Preemption Win In Connecticut
By Bexis
A tip of the cybercap to Harley Ratliff of Shook Hardy for sending us word of a device preemption win on appeal in Connecticut. Mullin v. Guidant Corp., AC29829, slip…
Drug & Device Law
Solicitor General’s Letter in Colacicco On Remand
By Bexis
The Solicitor General just submitted a letter to the Third Circuit in Colacicco v. Apotex giving the government's position on the preemption question in light of the Supreme Court's decision…
Drug & Device Law
REMS Preemption
By Bexis
We're so sad: Now that Riegel v. Medtronic and Wyeth v. Levine have been decided, we can no longer bill ourselves as "all preemption, all the time!"We're forced to write…
Food Liability Law
Update: Supreme Court Declines Review of Methylmercury Case With Potential Preemption Implications
An update to a case we’ve been following: the U.S. Supreme Court has refused to review a decision by the U.S. Court of Appeals for the Third Circuit involving state-law…
International Law Prof Blog
Federal Court Strikes Down Florida’s Attempt to Regulate Travel to Cuba
In another interesting case involving state incursions into the arena of foreign affairs, the U.S. District Court for the Southern District of Florida struck down as unconstitutional a Florida law…