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Preemption

1,720 published works

  1. Drug & Device Law

    From 510(k) To PMA

    By Bexis

    About ten days ago, the FDA Law Blog reported on the FDA's order requiring manufacturers of 25 types of Class III "preamendments" devices to submit to the FDA information about…

  2. Drug & Device Law

    Preemption 2.0 – 2.0

    By Bexis

    Ask and ye shall receive edition. Within fifteen minutes of mentioning that we hadn't seen the preemption brief that GSK had filed yesterday in Colacicco, we had a copy of…

  3. Drug & Device Law

    Preemption 2.0

    By Bexis

    Defense counsel considering whether they still have good preemption arguments in drug product liability matters after Levine would do well to review preemption briefs recently filed by defendants in major…

  4. Drug & Device Law

    Don’t Mess With Bexis!

    By Bexis

    This post was written by Herrmann alone. I'm coming to the defense of my co-conspirator, Bexis.As soon as the Supreme Court decided Wyeth v. Levine, we published a post analyzing…

  5. Drug & Device Law

    NYU Preemption Symposium Available Online

    By Bexis

    We've previously shared with you snippets from NYU's 2009 Annual Survey of American Law Symposium on "Tort Law in the Shadow of Agency Preemption."We can do even better now. NYU…

  6. Drug & Device Law

    Non-Prescribed Plaintiffs, In Pari Delicto, And Duty

    By Bexis

    As far as pharmaceutical mass torts go, the fen-phen litigation has been around for as long as any. But just because it’s mature litigation doesn’t mean that the old dog…

  7. Drug & Device Law

    The Web On Wyeth v. Levine

    By Bexis

    In his regular FindLaw.com column, Professor Anthony Sebok writes that Wyeth v. Levine can be read either of two ways: Preemption might exist if a drug company (1) "had submitted…

  8. Drug & Device Law

    Another Levine Client Alert

    By Bexis

    Shortly after Wyeth v. Levine came down, we linked to the client alert on the case that Bexis' firm prepared. To avoid sounding like shills, we offered to link to…

  9. Mass Tort Defense

    Preemption Decision in Wake of Levine

    By Sean Wajert

    Much attention has been focused on what aspects of the preemption doctrine were restricted by the U.S. Supreme Court's recent decision in Wyeth v. Lev

  10. TortsProf Blog

    Williams v. Philip Morris Cert. Grant Withdrawn as Improvidently Granted

    By Christopher Robinette

    Per curiam opinion here, some analysis here. --BC