Topic
Preemption
1,720 published works
Constitutional Law Prof Blog
Altria Group v. Good and Preemption
By ConLawProf initials at end of post
The U.S. Supreme Court heard oral arguments today in Altria Group v. Good, in which the petitioners Phillip Morris USA and its parent company Altria appealed a First Circuit ruling…
Mass Tort Litigation Blog
More on the Altria v. Good Oral Argument
By joetort
An interesting analysis here on Scotusblog. The official transcript is available here. Some highlights of the Scotusblog analysis, by Lyle Denniston:The government sided with the plaintiffs on the implied preemption…
Life Sciences Legal Update
First Case Of Supreme Court Term: Altria Group v. Good
By Lisa Baird
SCOTUSblog has its usual comprehensive coverage of the first Supreme Court case of this term, Altria Group v. Good, which involves questions of express and implied preemption in the context of…
Mass Tort Litigation Blog
SCOTUS Hears Oral Argument in Altria Group v. Good
By joetort
The Supreme Court of the United States today heard oral argument in Altria Group v. Good, a preemption case concerning light cigarettes. Here's an excerpt from an article on cnn.com:After…
Labor Law Prof Blog
PING: Pay or Play Acts, the Ninth Circuit, and the Never Ending Law of Unintended ConsequencesURL: http://www.bostonerisalaw.com/archives/preemption-pay-or-play-acts-the-ninth-circuit-and-the-never-ending-law-of-unintended-consequences.htmlIP: 206.135.15.187BLOG NAME: Boston ERISA Law BlogDATE: 10/03/2008 01:56:26 PMWell, my trial this week is over, and I return to the blog with a – cue self-congratulatory, self-promoting note here – win in my back pocket. Last time I tried a case, I complained, tongue firmly in cheek, about…
In a first in the health care reform context, and in opposition to the 4th Circuits holding in the Wal-Mart Bill case of RILA v. Felder, the 9th Circuit has…
TortsProf Blog
Beck, Herrmann and Zipursky on Preemption
First, Drug and Device Law Blog have posted an excellent primer on preemption. As Beck and Herrmann succinctly state:Implied preemption of tort cases is a big deal because how the…
Drug & Device Law
Living On The Point Of The Spear
By Bexis
Probably the most unexpected aspect of blogging has been fielding all these calls from reporters. But it does make us wonder sometimes about the quality of the news we hear…
TortsProf Blog
Sebok & Zipursky on Wyeth v. Levine
In this week's Findlaw column, Tony Sebok and guest Benjamin Zipursky consider Wyeth v. Levine and the "preemption temptation." Sebok and Zipursky provide a concise summary of the facts…
Labor Law Prof Blog
The Scope of IRCA Preemption
Thanks to Ross Runkel for bringing to my attention this case from the 9th Circuit concerning whether the Legal Arizona Workers Act (LAWA) is preempted by Immigration Reform and Control…
Mass Tort Defense
Wyeth Files Reply Brief in Levine Preemption Case
By Sean Wajert
Wyeth has filed its reply brief in the Levine case. The reply stresses that this case is not a conventional failure to warn case, but an alleged failu