Topic
Preemption
1,720 published works
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…
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…
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…
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…
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…
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…
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…
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…
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
TortsProf Blog
Williams v. Philip Morris Cert. Grant Withdrawn as Improvidently Granted
Per curiam opinion here, some analysis here. --BC