Topic
Preemption
1,720 published works
TortsProf Blog
Sharkey on Preemption, Part II
The Northwestern University Law Review's Colloquy has just uploaded part II of Cathy Sharkey's essay What Riegel Portends for FDA Preemption of State Law Products Liability Claims.--CJR
Drug & Device Law
Levine Briefing Schedule
By Bexis
We've been asked, so here's what we know. According to the Supreme Court's Docket, an order was entered on July 9 extending the time for respondent's (plaintiff below) brief until…
Drug & Device Law
Sharkey’s “Colloquy” On Riegel Online At Northwestern
By Bexis
Northwestern University Law Review's Colloquy site has published the first installment of Catherine Sharkey's extended "essay post" on what Riegel v. Medtronic portends for FDA preemption. Here's a link. Professor…
Drug & Device Law
Riegel Toothpaste (Adkins v. Cytyc)
By Bexis
When we mentioned Adkins v. Cytyc, No. 4:07CV00053, 2008 WL 2680474 (W.D. Va. July 3, 2008), last week, we called it an attempt to squeeze non-preempted claims out of the…
Mass Tort Litigation Blog
Catherine Sharkey on FDA Preemption of State Law Products Liability Claims
By joetort
Professor Catherine Sharkey (NYU) has published part I of her essay, What Riegel Portends for FDA Preemption of State Law Products Liability Claims, on Northwestern Colloquy, an extension of the…
TortsProf Blog
Sharkey on Preemption
This morning, the Northwestern University Law Review's Colloquy posted part I of Cathy Sharkey's What Riegel Portends for FDA Preemption of State Law Products Liability Claims. Part II will be…
Drug & Device Law
Ideas, Random Thoughts and Musings from ACI Preemption Conference
By Bexis
Yours truly (trulies?) chaired the American Conference Institute’s preemption conference in Philly earlier in the week. We won’t try to be too modest here. It was a great seminar. But…
Boston ERISA & Insurance Litigation Blog
Understanding ERISA Preemption as a Legitimate Congressional Policy Determination
Many, many people object to ERISA preemption, viewing it as some sort of nasty trick that defendants use to avoid liability in ERISA related cases. Do a quick search for…
Drug & Device Law
The First of Many: A “Parallel Requirements” Case
By Bexis
We've said it before, and we'll say it again: Plaintiffs will now regularly plead that their state law claims against device manufacturers run "parallel" to the FDA's requirements and so…
Drug & Device Law
We’re Off To Philadelphia
By Bexis
Wait!Bexis is already in Philadelphia.But Herrmann's joining him on Monday and Tuesday, July 14 and 15, so that your dynamic blogging duo can co-chair the American Conference Institute's Drug and…