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Preemption

1,720 published works

  1. Drug & Device Law

    Preemption Without A Prescription

    By Bexis

    No this post isn’t about Canadian pharmacies, Chinese counterfeits, or anything dodgy like that. Instead, we’re referring to a preemption topic we’ve never discussed before.We can almost hear you scoffing.…

  2. Mass Tort Defense

    Punitive Damages Claim Against Patch Maker Found Preempted

    By Sean Wajert

    A federal court has found that federal law preempts a state law that allows plaintiffs to seek punitive damages from the makers of defective drug prod

  3. Drug & Device Law

    Richard Epstein in Forbes on Wyeth v. Levine

    By Bexis

    Professor Richard Epstein, of The University of Chicago Law School, has this article about Wyeth v. Levine in this week's issue of Forbes. Professor Epstein favors preemption, but he thinks…

  4. Drug & Device Law

    Another Buckman Preemption Case (Grange v. Mylan)

    By Bexis

    Who got it right -- the Sixth Circuit in Garcia v. Wyeth-Ayerst Labs, 385 F.3d 961 (6th Cir. 2002), or the Second Circuit in Desiano v. Warner-Lambert & Co., 467…

  5. Life Sciences Legal Update

    Harvard Law Review Takes Notice of Riegel

    By Michelle Lyu Cheng

    In its November 2008 issue, the Harvard Law Review will publish "Preemption of State Common Law Claims," 122 Harv. L. Rev. 405, an article that discusses Riegel v. Medtronic, Inc.,…

  6. Drug & Device Law

    Three News Items For Our Friends

    By Bexis

    We like you guys. We kind of feel like you're our buddies down the hall, with whom we share interesting news.So here are three items from today's news that may…

  7. Mass Tort Litigation Blog

    FDA Preemption of State Pharmaceutical Suits

    By joetort

    Very interesting article in the ABA Journal -- The Pre-emption Prescription, by Terry Carter.  The FDA has been increasingly moving to pre-empt state suits based on its approval of pharmaceutical…

  8. TortsProf Blog

    Obama to Hit “Undo”

    By Christopher Robinette

    The Washington Post has an AP story that the incoming administration intends to reverse by executive order dozens of Bush administration actions, ranging from stem cell research to climate change-related…

  9. Constitutional Law Prof Blog

    Zieve on Preemption

    By ConLawProf initials at end of post

    Allison Zieve, a staff attorney at Public Citizen and counsel in some of the recent preemption cases at the Court, posted a review of the Court's preemption cases on the…

  10. Labor Law Prof Blog

    PING: IRCA Does Not Preempt Workers Comp BenefitsURL: http://lawprofessors.typepad.com/adjunctprofs/2008/11/irca-does-not-p.htmlIP: 204.9.178.6BLOG NAME: Adjunct Law Prof BlogDATE: 11/09/2008 09:06:54 PMAmoah v. Mallah Management,___A.D.3d___(3d Dep’t. Oct. 30, 2008), is an important decision. A New York appellate court holds that an undocumented worker is eligible for Workers Comp benefits and that his claim is not preempted by IRCA. What about Hoffman

    By Workplace Prof

    An interesting decision from a New York Appellate Court.  In Amoah v. Mallah Management, the court faced the issue whether an undocumented worker who used fraudulent documentation to get his…