Topic
Preemption
1,720 published works
Drug & Device Law
Rehearing Granted In Despain
By Bexis
Last month, we noted that the Arkansas Supreme Court's decision rejecting preemption in the context of a PMA-approved medical device was no longer good law in light of the U.S.…
Drug & Device Law
Delving into Colacicco
By Bexis
We promised you that we would be “mining the depths” of Third Circuit’s opinion in Colacicco v. Apotex Inc., 521 F.3d 253, 2008 WL 927848 (3d Cir. Apr. 8, 2008),…
Mass Tort Litigation Blog
Third Circuit’s Recent Preemption Ruling
By joetort
In a recent case over Paxil and Zoloft, the Third Circuit held that plaintiffs’ failure to warn claims (about the risks of suicide) were preempted. The FDA explicitly refused to…
TortsProf Blog
Third Circuit Preemption Win for Manufacturers of Paxil & Zoloft
The Legal Intelligencer (via law.com) reports on a decision filed yesterday by the United States Court of Appeals for the Third Circuit holding that claims that the manufacturers of Paxil…
Drug & Device Law
Preemption Affirmed in Colacicco
By Bexis
The Third Circuit has affirmed the finding of extensive preemption in the Colacicco/McNellis suicidality litigation. Here's a copy of the opinion. Judge Sloviter wrote the opinion. There is a dissent,…
Drug & Device Law
All The News That’s Fit To Link
By Bexis
Every once in a while, we feel compelled to point our massive readership in the direction of a few lesser known sources of information. If you missed the article in…
TortsProf Blog
Scalia Is Not Fond of the Press Reporting on Preemption
Eric Posner, on the new Slate law blog, has more on Scalia's criticism of press coverage, finding that, indeed, some coverage of the Riegel preemption ruling suggested that the Court…
Drug & Device Law
Welcome . . . World!
By Bexis
The Associated Press asked us about preemption, which resulted in our little blog being mentioned first on the AP newswire and then . . . everywhere! We extend a warm…
Drug & Device Law
We Like Sykes Again
By Bexis
A year ago, on March 31, 2007, we published a post titled "We Like Sykes" about the Pennsylvania federal decision in Sykes v. Glaxo-SmithKline, et al., 484 F. Supp.2d 289…
Chicago IP Litigation
Trade Secret Act Preempts State Claims Based Upon Confidential Information
CardioNet, Inc. v. LifeWatch Corp., No. 07 C 6625, 2008 WL 567223 (N.D. Ill. Feb. 27, 2008) (Conlon, J.). Judge Conlon granted in part defendants' (collectively, "LifeWatch") motion to dismiss…