Topic
Preemption
1,720 published works
Life Sciences Legal Update
Midterm Supreme Court Media Briefing Webcast By The Washington Legal Foundation
By Lisa Baird
Although the life sciences industry continues to await the Supreme Court's decision in the Wyeth v. Levine preemption case, the court already is half-way through this term. The Washington Legal…
TortsProf Blog
Emissions Order a Precursor to Preemption Policy?
The folks at Pharmalittle think so, arguing that President Obama's rejection of the Bush administration's bar on state emissions rules may also suggest a similar resistance to preemption arguments.--BC
Food Liability Law
Supreme Court Asked to Hear Preemption Case Involving Methylmercury; FDA Issues Draft Documents Regarding Consuming Commercial Fish
By Kenneth Odza
By Guest Blogger Bryan Anderson The maker of Chicken of the Sea products has asked the U.S. Supreme Court to grant certiorari in a case we reported on involving preemption…
Mass Tort Defense
Current ABA Leader Wrong On Preemption
By Sean Wajert
The president of the ABA recently wrote to leaders of the House and Senate to express his personal support for H.R. 6381, the so-called “Medical
Food Safety Counsel
Chapter 4: Responding To The Complaint – Procedural Considerations
Return to Defending Claims. Once a claim is filed in state court, the first decision should always be whether to remove the lawsuit to federal court. Often times, because food-borne…
Drug & Device Law
Guest Post – In Defense Of Preemption & FDA Regulatory Authority
By Bexis
This is the first of what we hope will be many guest posts by Bert Rein, a founding partner of Wiley Rein, LLP. Among many other accomplishments, Bert represents Wyeth…
Drug & Device Law
Sprint Fidelis Preemption Decision – Yessssss
By Bexis
The first really, really major post-Riegel preemption battle in the PMA device product litigation has been the Sprint Fidelis implantable cardiac defibrillator lead MDL, in which Medtronic moved to dismiss…
TortsProf Blog
Sebok on the Supreme Court’s Latest Preemption Decision: Altria Group v. Good
In his latest Findlaw column, Tony Sebok discusses the Supreme Court's recent preemption decision in Altria Group v. Good (pdf). Sebok believes that "the two deeply-divided opinions produced by the…
Drug & Device Law
Top Ten Best And Worst Prescription Drug/Medical Device Decisions of 2008 – The Best
By Bexis
We’re back again with our manifestly unoriginal, but still interesting, idea of top ten lists for the best and worst decisions in our niche for 2008. It’s a way of…
Mass Tort Litigation Blog
Legal Moves Post Altria Preemption Ruling
By joetort
Article in the Wall Street Journal -- Altria Ruling Ignites Legal Moves, by Brent Kendall. Here's an excerpt:The Supreme Court's ruling last week allowing smokers in Maine to sue Altria…