Topic
Preemption
1,720 published works
Drug & Device Law
Kotler’s Alternative to Standard Preemption Analysis
By Bexis
Here's another post along the lines of "all preemption, all the time."Professor Martin Kotler of Widener University School of Law has posted on SSRN his manuscript Shared Sovereign Immunity as…
Life Sciences Legal Update
JAMA on Preemption
By Lisa Baird
Tomorrow's JAMA contains an editorial entitled, "Prescription Drugs, Products Liability, and Preemption of Tort Litigation" (subscription) by Catherine D. DeAngelis; Phil B. Fontanarosa (JAMA. 2008;300(16):1939-1941 (doi:10.1001/jama.2008.513)). Suffice it to say,…
Constitutional Law Prof Blog
Backdoor Preemption by Administrative Regulation?
By ConLawProf initials at end of post
The Wall Street Journal reported last week that Bush administration officials "are pushing to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits…
Drug & Device Law
Preemption In The Context Of Off-Label Uses
By Bexis
The title of this post reflects a question that we've been asked repeatedly: Does preemption apply even if a physician puts a drug or device to an off-label use?You've come…
TortsProf Blog
Personal Injury Roundup No. 11 (10/17/08)
I have no pithy introduction to this week's Roundup. Here it is:Reform, Legislation, PolicyAAJ sent out a press release on October 15 entitled "FOIAs Reveal How Bush Administration Made Complete…
Drug & Device Law
Cert. Granted In McDarby
By Bexis
McDarby and Cona v. Merck was the New Jersey state appellate decision that came down in May and addressed a half dozen issues that concern readers of this blog. Among…
TortsProf Blog
Schuelke on Preemption
Former Roundup host and Austin plaintiffs' lawyer Brooke Schuelke has been posting a series of pieces on InjuryBoard about preemption. Worth reading.--BC
Drug & Device Law
Preemption Smackdown in DC – 10/29/08
By Bexis
We can't help it. We're suckers for a good preemption discussion - addicted as we are to the topic. That's why at least one of us (Bexis), and possibly both,…
Drug & Device Law
Sebok & Zipursky on Preemption, Part II
By Bexis
A couple of weeks ago, we linked to Part One of Anthony Sebok and Benjamin Zipursky's Findlaw article about Wyeth v. Levine, the drug preemption case pending in the U.S.…
Drug & Device Law
Colacicco Cert Petition Filed
By Bexis
On October 2, 2008, plaintiffs filed in the Supreme Court a petition for certiorari in Colacicco v. Apotex, No. 08-437. By a two to one majority, the Third Circuit held…