Topic
Preemption
1,720 published works
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).…
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…
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…
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…
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.…
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…
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…
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…
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…
The IP Law Blog
Trade Secrets and Preemption
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.…