Topic
Preemption
1,720 published works
Drug & Device Law
No Injury Cheat Sheet
Regular readers know that we’ve been keeping two “scorecards” – one for drug preemption, and one for device preemption. While we continue to update the drug preemption scorecard religiously, the device preemption…
Drug & Device Law
NEJM Editorial on Preemption
By Bexis
We must say, we were surprised last night and this morning when a half dozen folks forwarded to us copies of an editorial that just appeared in The New England…
California Employment Law Update
California Law Limiting Use Of State Funds To Deter Union Organizing Is Unconstitutional
By Tony Oncidi
Chamber of Commerce v. Brown, 554 U.S. 60, 128 S. Ct. 2408 (2008) Assembly Bill 1889, enacted in 2000, prohibited private employers that receive state funds – whether by reimbursement,…
Boston ERISA & Insurance Litigation Blog
From Preemption to ERISA Standing, and Lots of Things In-Between
Philadelphia, New York, court hearings - I have been everywhere the past week or so other than at my desk where I could put up blog posts. Here’s a run…
Labor Law Prof Blog
PING: From Preemption to ERISA Standing, and Lots of Things In-BetweenURL: http://www.bostonerisalaw.com/archives/conflicts-of-interest-from-preemption-to-erisa-standing-and-lots-of-things-inbetween.htmlIP: 206.135.15.187BLOG NAME: Boston ERISA Law BlogDATE: 06/30/2008 10:10:16 AMPhiladelphia, New York, court hearings – I have been everywhere the past week or so other than at my desk where I could put up blog posts. Heres a run down of interesting things I came across along the way…
ArticlesLeticia M. Saucedo (left), Addressing Segregation in the Brown Collar Workplace: Toward a Solution for the Inexorable 100%, 41 U. Mich. J. L. Ref. 447 (2008).Kerri Lynn Stone (second), License…
Drug & Device Law
More Thoughts About “Parallel” Requirements Claims and Preemption
By Bexis
“Parallel” requirements.That’s where they’re going to come after us. We know it. They know it.Plaintiffs have no choice. Under Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), supposedly “parallel…
Mass Tort Defense
Senate Judiciary Committee Holds Hearing on Preemption
By Sean Wajert
The Senate Committee on the Judiciary recently held a hearing entitled “Short-Change for Consumers and Short-Shrift for Congress? The Supreme Co
Drug & Device Law
Users’ Guide To Defense Amicus Briefs – Wyeth v. Levine, Part II
By Bexis
A confession: There wasn’t supposed to be a Part II to this post. When we posted our earlier users guide to the Levine defense amicus briefs, we thought we had…
Employment Law Watch
U.S. Supreme Court Strikes Down California’s Union Neutrality Law
This post was also written by Daniel J. Moore. In a 7–2 decision, the U.S. Supreme Court held that California’s Assembly Bill 1889 (“AB 1889” or the “Act”) is preempted by…
Mass Tort Litigation Blog
After preemption, where do mass tort lawyers go?
By joetort
For mass tort plaintiffs' lawyers, the scariest legal issue of the moment is preemption. If FDA approval of a warning or product preempts state law tort claims, lots of otherwise…