Skip to main content

Topic

Preemption

1,720 published works

  1. Mass Tort Litigation Blog

    Wyeth v. Levine Argument Was Heard Monday

    By joetort

    Oral argument in the big preemption case of the Supreme Court Term, Wyeth v. Levine (06-1249) is scheduled for Monday, Nov. 3, 2008.  The case concerns whether federal law preempts…

  2. California Employment Law Update

    State Law Sanctioning Employers That Hire Illegal Aliens Is Not Preempted By Federal Immigration Law

    By Tony Oncidi

    Chicanos Por La Causa, Inc. v. Napolitano, 544 F.3d 976 (9th Cir. 2008) In 2007, Arizona enacted the Legal Arizona Workers Act (the “Act”), which targets employers that hire illegal aliens and…

  3. Drug & Device Law

    Wyeth Letter To Supreme Court re Waxman Report

    By Bexis

    Here's some breaking news: Wyeth has just hand-delivered this letter to the Supreme Court responding to the report prepared for Representative Henry Waxman about which we posted yesterday. Wyeth's letter…

  4. Drug & Device Law

    Interlocutory Appeal Granted in Knipe

    By Bexis

    We posted on the adverse preemption decision, Knipe v. SmithKline Beecham Corp., 2008 WL 4090995 (E.D. Pa. Aug. 28, 2008), shortly after it was decided. Well, the other day the…

  5. Drug & Device Law

    Cong. Waxman Positions for the Levine Argument

    By Bexis

    It's to be expected, especially since we sort of did it ourselves, but folks with irons in the fire are positioning themselves in advance of next Monday's oral argument in…

  6. Drug & Device Law

    Everything You Need To Know About Wyeth v. Levine, From A Defense Perspective

    By Bexis

    The Wyeth v. Levine implied preemption/prescription drug case gets argued next Monday in the Supreme Court. Since at least some media types read our blog, we’ve decided to pull together…

  7. Drug & Device Law

    Welcome, ABA Journal Readers!

    By Bexis

    We were pleased to see that the November issue of the ABA Journal, in the article titled "Pre-emption Prescription," did not merely quote one of your humble scribes, but also…

  8. Mass Tort Litigation Blog

    U.S. Supreme Court to Hear Pharmaceutical Preemption Case

    By joetort

    Article in the Wall Street Journal -- In Drug Case, Justices to Weigh Right to Sue, by Alicia Mundy and Shirley S. Wang.  Here's an excerpt:For nearly a century, Americans…

  9. Drug & Device Law

    Interesting New PMA Device Preemption Case

    By Bexis

    Everybody defending PMA medical device defendants should read Parker v. Stryker Corp., 2008 U.S. Dist. Lexis 84938 (D. Colo. Oct. 22, 2008), granting a preemption-based Rule 12(b)(6) motion to dismiss.Parker…

  10. Drug & Device Law

    Sleeper Case, Sleeper Issue

    By Bexis

    It got hardly any attention in the blawgosphere at the time – aside from us, 360, and the hardcore Supreme Court junkies over at SCOTUSBlog (and even they buried it…