Topic
Preemption
1,720 published works
Mass Tort Litigation Blog
Investigational Devices and Preemption
By joetort
Drug & Device Law discusses recent decisions on this issue after Riegel.BGS
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
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…
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…
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.
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
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…
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…
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…
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…