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Preemption

1,720 published works

  1. Drug & Device Law

    Vaccine Act Preemption Affirmed in Bruesewitz

    By Bexis

    The Third Circuit has just affirmed summary judgment on grounds of express preemption under the Vaccine Act in Bruesewitz v. Wyeth, No. 07-3794, slip op. (3d Cir. March 27, 2009).…

  2. Drug & Device Law

    Colacicco Briefing Slightly Postponed

    By Bexis

    The Third Circuit entered this order today in Colacicco v. Apotex:"The foregoing motion by Appellee Beth Ann McNellis and unopposed request by Appellant Colacicco for a 15-day extension of time…

  3. Drug & Device Law

    Calabresi On Preemption

    By Bexis

    Judge (and former Yale Law School Dean) Guido Calabresi gave the keynote speech last month at NYU Law School's symposium on "Tort Law in the Shadow of Agency Preemption."We don't…

  4. Drug & Device Law

    Colacicco Update – briefs due 4/1

    By Bexis

    Entry on Third Circuit's docket, dated 3/18:CLERK'S LETTER to counsel written at the direction of the Court. You are undoubtedly aware that the United States Supreme Court has remanded the…

  5. Drug & Device Law

    Riegel Redux: Delaney v. Stryker Finds PMA Preemption

    By Bexis

    Sometimes, we try to be encyclopedic in our blog posts. Sometimes, we try to be funny. (Yeah, yeah: "Try" is the operative word.) Today, we're just being descriptive.In Delaney v.…

  6. Drug & Device Law

    Preemption Still Be-Longs After Levine

    By Bexis

    A little more than a year ago we posted about Longs v. Wyeth, 536 F. Supp.2d 843 (N.D. Ohio 2008), a fen-phen decision that, among other things, held preempted a…

  7. Drug & Device Law

    Generic Drugs Meet Levine

    By Bexis

    One silver lining from the severe pruning that prescription drug preemption took in Wyeth v. Levine, is that there may now be less incentive to expand the common-law liability of…

  8. Drug & Device Law

    A Riegel Wrinkle: “Adjunct Clinical Trial” Preemption

    By Bexis

    As you know, we watch the medical device preemption cases. And we've discussed a case after Riegel finding preemption in the context of a device used in a clinical trial…

  9. Drug & Device Law

    Accutane: McCarrell Remanded For New Trial

    By Bexis

    We know that headline is boring: "Accutane: McCarrell Remanded For New Trial." But give us a break. Levine comes down. We're duty-bound to blog about it. The press calls for…

  10. The IP Law Blog

    Trade Secrets and Preemption

    By Weintraub Firm

    By James Kachmar Although several federal courts in California have previously considered the issue of preemption in trade secret misappropriation cases, the Sixth Appellate District, in K.C. Multimedia, Inc. v.…