Topic
Preemption
1,720 published works
Drug & Device Law
Congressional Hearing on Drug and Device Preemption
By Bexis
The House Committee on Oversight and Government Reform will hold a hearing on Wednesday, May 14, 2008, titled, “Should FDA Drug and Medical Device Regulation Bar State Liability Claims?”
TortsProf Blog
Preemption Legislation Hearing Scheduled
I don't see this up on the Oversight Committee's website yet, but just received this by e-mail:Should FDA Drug and Medical Device Regulation Bar State Liability Claims?Committee on Oversight and…
Mass Tort Defense
Rehearing Rejected in Colacicco
By Sean Wajert
Although coming as no big surprise, it is good to note that the 3d Circuit refused to revisit its recent decision that federal law preempts claims aga
Drug & Device Law
Rehearing Denied in Colacicco
By Bexis
Colacicco is finally over on the Third Circuit level. We have just been informed by defense counsel that the plaintiffs' rehearing petition has been denied. We fully expect plaintiffs to…
Drug & Device Law
Colacicco Rehearing Petition Filed
By Bexis
To the surprise of absolutely nobody, the Plaintiffs filed their petition seeking rehearing en banc in Colacicco/McNellis late on Tuesday. We obtained a copy late yesterday (thanks Chilton!). The plaintiffs…
Drug & Device Law
Ackermann: Affirmed on Learned Intermediary Grounds
By Bexis
Moments ago, the Fifth Circuit handed down its decision in Ackermann v. Wyeth, No. 06-41774, slip op. (5th Cir. Apr. 24, 2008).This was an appeal from a grant of summary…
Drug & Device Law
CPSC Preemption (Bic Pen v. Carter)
By Bexis
We just saw this post at the Product Liability Profs Blog, telling us that the Texas Supreme Court, in Bic Pen v. Carter, last week reversed a verdict for plaintiff…
Drug & Device Law
The Future is Now
By Bexis
We suspect most readers of this blog are living the same lives we are: We've now submitted either the Supreme Court's decision in Riegel or the Third Circuit's decision in…
Civil Procedure & Federal Courts Blog
DDL on Judicial Notice
By Civil Procedure & Federal Courts Blog
Over at Drug & Device Law, Beck and Herrmann wrote extensively yesterday about judicial notice in the preemption context. It's always interesting for me to read the DDL crew's take…
TortsProf Blog
Upcoming Summer Conference on Preemption
Jim Beck & Mark Herrmann (at Drug & Device Blog) will be co-hosting the American Conference Institute's Drug and Device Preemption Conference from July 14-15, 2008, in Philadelphia. The conference…