Topic
Preemption
1,720 published works
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…
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…
InsureReinsure
UPDATE: Recusal Issue Arises in U.S. Supreme Court’s Consideration of Wyeth v. Levine Drug Labeling Preemption Case
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…
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…
TortsProf Blog
Personal Injury Roundup No. 24 (2/13/09)
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…
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…
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…
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…
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…
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…