Topic
Preemption
1,720 published works
Drug & Device Law
Preemption Win Rejects Riegel Loopholes
By Bexis
Thanks and a tip of the cyberhat to Tom Stayton for sharing with us a recent medical device preemption win in McCutcheon v. Zimmer Holdings, No. 06 C 6256 (N.D.…
Drug & Device Law
Will Congress Overrule Riegel?
By Bexis
Okay, we'll take the bait. Twice yesterday, Jane Genova over at Law and More asked us whether Congress will pass a bill overruling the Supreme Court's recent decision finding preemption in…
Drug & Device Law
Why You Should Always Plead And Prove Preemption
By Bexis
Plead preemption as a defense, where appropriate, in drug and device cases. And develop the necessary record to present that defense. Bad things happen to people who don't. In the…
Mass Tort Defense
Recent Preemption Ruling: Wait For Levine
By Sean Wajert
A recent trial court decision shows the state of flux in applying the preemption doctrine in pharmaceutical cases. In the Celexa/ Lexapro MDL, the cou
TortsProf Blog
Anti-Preemption Bill Introduced
Point of Law has the relevant links.--BC
Drug & Device Law
PMA Preemption Reaches Negligent Training Claims
By Bexis
A tip of the cyberhat to Kennedy Simpson for passing along to us a new medical device preemption decision in Kentucky state court, Mattingly v. Hubbard. Since it involves a…
Life Sciences Legal Update
A PMA Device and a Sales Representative in the Operating Room – The Breadth of Riegel Preemption
By Erin Bailey
A recent Virginia federal court decision demonstrates the powerful effect of the Riegel v. Medtronic precedent in product liability cases where PMA-devices are subject to claims-sounding in negligence or breach…
Drug & Device Law
Colacicco Update
By Bexis
Last week, plaintiff filed a motion to postpone the deadline for filing his petition for a writ of certiorari in Colacicco v. Apotex from August 3, 2008, to October 2,…
Drug & Device Law
Levine Oral Argument
By Bexis
It doesn't appear yet on the Court's docket or on the Court's oral argument calendar, but we have it upon good authority that Wyeth v. Levine will be orally argued…
Mass Tort Litigation Blog
Part II of Catherine Sharkey on FDA Preemption of State Law Products Liability Claims
By joetort
Part II of Professor Catherine Sharkey's essay, What Riegel Portends for FDA Preemption of State Law Products Liability Claims, has been posted on Northwestern Colloquy. BGS