Topic
Preemption
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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…
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…
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…
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…
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…
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…
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…
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…
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…
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…