Topic
Preemption
1,720 published works
Drug & Device Law
Defense Reply Brief in Levine
By Bexis
We've got a copy of the Reply Brief filed by defendant Wyeth in the Wyeth v. Levine case. Here are the highlights as we see them (we're trying to stay…
Labor Law Prof Blog
Battling Wal-Mart
Catherine Fisk (U.C.-Irvine) and Michael Oswalt (2008 Duke grad) have just posted on SSRN their article (forthcoming Minn. L. Rev.) Preemption and Civic Democracy in the Battle Over Wal-Mart. Here's…
Drug & Device Law
Preemption And Guerilla Warfare
By Bexis
The Legal Intelligencer has a story today about the preemption loss in Knipe v. SmithKline Beecham. Since that adverse decision has made its way into the legal version of “mainstream…
Mass Tort Defense
FDA Finalizes CBE Rule, Reinforcing Preemption
By Sean Wajert
The Food and Drug Administration has finalized the updated rule on using supplemental applications for changes to prescription drug, biologics, and me
Marler Blog
A New US Court of Appeals Decision Preserves a Consumer’s Right to Sue the Producer of Contaminated Tuna
By Bill Marler
In Kreifall v. Excell, Excell’s “Preemption argument” was tried and soundly rejected by the Wisconsin State Supreme Court and then was denied review by the US Supreme Court in Kreifall…
Food Liability Law
Tuna’s Not Just for Breakfast Anymore – Third Circuit Refuses FDA’s Pleas for Federal Preemption
By Kenneth Odza
By Guest Blogger Amena Jefferson (Stoel Rives Summer Associate and UW law student) Federal preemption is on the table once again. The U.S. Court of Appeals for the Third Circuit recently…
TortsProf Blog
ABA Teleconference on Preemption – Next Tuesday 9/9
The American Bar Association is sponsoring a one-hour teleconference on "State Tort Remedies for Consumers: Here Today, Gone Tomorrow? Assessing the Supreme Court Preemption Cases" on Tuesday, September 9th from…
Life Sciences Legal Update
Second Time Is A No-Go for Settling Plaintiff After Losing On Preemption
By Lisa Baird
The plaintiff in Hearn v. Advanced Bionics Corporation, No. 06cv114-KS-MTP, 2008 WL 3896431 (S.D. Miss. Aug. 19, 2008) attempted to win a do-over of a straightforward defense preemption win. The…
Mass Tort Litigation Blog
Richard Epstein on Field Preemption of State Laws in Drug Cases
By joetort
Professor Richard Epstein (Chicago) has published The Case for Field Preemption of State Laws in Drug Cases on Northwestern University Law Review's Colloquy. Here's an excerpt:This brief Comment renews my defense…
Drug & Device Law
Accutane Affirmed
By Bexis
Just one week after oral argument, the Eleventh Circuit has issued an unpublished per curiam opinion affirming the trial court's decision to exclude plaintiffs' expert testimony supposedly linking Accutane to…