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Preemption

1,720 published works

  1. Drug & Device Law

    Upcoming Events Featuring . . . Us!

    By Bexis

    Both of your humble scribes have agreed to participate in upcoming academic symposia to discuss the issue of preemption. Herrmann will participate in the NYU Annual Survey of American Law…

  2. Drug & Device Law

    Supplemental PMA = Preemption

    By Bexis

    Any time that a manufacturer of a PMA device modifies that device in a way that affects its safety or effectiveness, the manufacturer must file a PMA "supplement". We've posted…

  3. InsureReinsure

    UPDATE: Recusal Issue Arises in U.S. Supreme Court’s Consideration of Wyeth v. Levine Drug Labeling Preemption Case

    By Troutman Pepper Locke

    As previously reported here, the U.S. Supreme Court heard oral arguments in Wyeth v. Levine on November 3, 2008.  The case involves the question of whether the Food and Drug…

  4. Drug & Device Law

    Appeal Allowed In De Bouse v. Bayer

    By Bexis

    This post discusses a piece of the Baycol litigation, in which Bexis's firm is involved. Herrmann alone is thus serving as your humble scribe. It's altogether fitting and proper that…

  5. TortsProf Blog

    Personal Injury Roundup No. 24 (2/13/09)

    By Christopher Robinette

    In the week my son turned 4, the world of torts kept moving...Reform, Legislation, PolicyRoderick Hills and Cathy Sharkey on preemption (Stier/Mass Torts Prof)Georgia judge strikes down med mal caps…

  6. Mass Tort Litigation Blog

    Roderick Hills and Catherine Sharkey on Preemption

    By joetort

    The Fall 2008 NYU Law School magazine includes A Presumption Against Preemption, by Professor Roderick Hills (NYU), and A Model for Products Liability Preemption, by Professor Catherine Sharkey (NYU).  (Scroll…

  7. Drug & Device Law

    Waiting For Levine

    By Bexis

    Everyone keeps asking us when the Supreme Court will decide the big preemption case of Wyeth v. Levine. The parties argued the case on November 3; when will the Court…

  8. Drug & Device Law

    Bert Rein On The Politics Of Preemption

    By Bexis

    Bert Rein, of Wiley LLP, prepared the following guest post. We thank him for the contribution, and the credit for what follows naturally goes to Bert alone: As we anticipate…

  9. Life Sciences Legal Update

    FDA Globalization Act Of 2009 And Preemption

    By Lisa Baird

    As Point of Law pointed out on February 3, a move is afoot to "Revers[e] Preemption, One Bill At A Time," starting with industries regulated by the FDA. Section 2…

  10. Mass Tort Litigation Blog

    Will Pfizer’s Purchase of Wyeth Affect SCOTUS’ Preemption Ruling This Term?

    By joetort

    According to Richard Arsenault - a plaintiff's-side lawyer specializing in complex litigation, pharma and mass torts - Wyeth has filed a letter alerting the Court to the fact that Pfizer…