Topic
Preemption
1,720 published works
Life Sciences Legal Update
Preemption – It’s Not Just For Product Liability Anymore
Earlier this week, in Uhm v. Humana, Inc., --- F.3d --- , 2008 WL 3891592, No. 06-35672 (9th Cir. Aug. 25, 2008), the Ninth Circuit upheld a lower court ruling…
Mass Tort Defense
More Amicus Briefing in Wyeth v. Levine
By Sean Wajert
A number of entities have continued to weigh in as amici in the Wyeth v. Levine preemption case pending before the Supreme Court. In an amicus brief f
TortsProf Blog
Personal Injury Roundup No. 4 (8/22/2008)
We had our orientation at WNEC Law this week, and classes start in just a couple of days. And me? I've got my fantasy football draft on Saturday. (And by…
TortsProf Blog
Epstein on Preemption
Over at the Northwestern Colloquy, Richard Epstein has published The Case for Field Preemption of State Laws in Drug Cases.--CJR
Drug & Device Law
(New) Medical Device PMA Preemption Scorecard
“[E]xpress representations’ relating to a device are limited to the labeling approved by the FDA.” After Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), was decided, we decided it was…
Drug & Device Law
Chicken of the Sea is Sunk
By Bexis
Yesterday, the Third Circuit decided Fellner v. Tri-Union Seafoods LLC, No. 07-1238, slip op. (3d Cir. Aug. 19, 2008) (link here). The case involves our favorite subject: tuna fish. Aaah,…
Mass Tort Defense
Senate Bill Introduced To Overturn Riegel
By Sean Wajert
Two liberal Senators have followed the lead of liberal Democratic House lawmakers and introduced a Senate counterpart to the proposed Medical Device S
Drug & Device Law
Medtronic Defibrillator Preemption Win
By Bexis
This just in: Earlier today, Judge Rosenbaum granted Medtronic's motion for summary judgment in Clark v. Medtronic, Inc., 572 F. Supp.2d 1090 (D. Minn. 2008) (here's the slip opinion). In…
Drug & Device Law
Today’s WSJ on Wyeth v. Levine
By Bexis
When we're blogging, sometimes we feel like we're doing legal research or trying to advance the law.Other times, we feel like we're just nudging our friends, so they don't overlook…
Mass Tort Litigation Blog
Gearing up for Wyeth v. Levine
By joetort
This morning's Wall Street Journal has a preview of the two sides and the politics involved in Wyeth v. Levine, which will be argued before the Supreme Court on November…