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Preemption

1,720 published works

  1. Mass Tort Litigation Blog

    Investigational Devices and Preemption

    By joetort

    Drug & Device Law discusses recent decisions on this issue after Riegel.BGS

  2. Mass Tort Defense

    Opposition To Cert Petition In Colaccico: That Other Preemption Case

    By Sean Wajert

    While much preemption focus has been on Levine v. Wyeth, including by posts here at MassTortDefense, other preemption decisions are winding there way

  3. Mass Tort Litigation Blog

    Altria v. Good: First Mass Tort Ruling of the Obama Era?

    By joetort

    Yesterday, the Supreme Court ruled in Altria Group v. Good that the federal cigarette labeling statute does not preempt claims that tobacco companies violated state consumer protection laws in their…

  4. Drug & Device Law

    What Does Good Say For Levine?

    By Bexis

    We hear you! We hear you!We're slaving away at our day jobs, and you keep asking, "What does the Supreme Court's decision in Altria v. Good mean for the pending…

  5. Drug & Device Law

    Altria v. Good Decided

    By Bexis

    By a five-to-four vote, the Supreme Court just ruled against preemption in the "light cigarette" case of Altria v. Good.Here's a link to the opinion at the Supreme Court website.

  6. Mass Tort Litigation Blog

    Effect of Expected or Pending FDA Preemption Legislation on Litigation

    By joetort

    Beck/Herrmann at Drug and Device Law briefly reject the litigation relevance of legislation until it's passed.BGS

  7. Drug & Device Law

    Irrelevance of Pending Legislation

    By Bexis

    We've seen plaintiffs argue in post-Riegel medical device preemption cases - and if we win Levine, we expect we'll see it in drug cases as well - that preemption should…

  8. Drug & Device Law

    Defendants Oppose Certiorari in Colacicco

    By Bexis

    The defendants in the combined Colacicco appeal to the Supreme Court filed their oppositions to allowance of appeal today. Here’s a copy of Pfizer’s brief, and here’s a copy of…

  9. Drug & Device Law

    Not Quite Buckman Preemption (Devore v. Pfizer)

    By Bexis

    Our crystal ball is usually cloudy. Not so when the U.S. Supreme Court split four-to-four and thus affirmed Warner-Lambert v. Kent, 552 U. S. ____ (2008) , by an equally…

  10. Drug & Device Law

    Happy Preemption Thanksgiving

    By Bexis

    A tip of the hat and an extra helping of turkey for Tom Stayton for sending along a copy of a new medical device preemption decision, Link v. Zimmer. The…