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Preemption

1,720 published works

  1. 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.…

  2. 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),…

  3. 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…

  4. TortsProf Blog

    Third Circuit Preemption Win for Manufacturers of Paxil & Zoloft

    By Christopher Robinette

    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…

  5. 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,…

  6. 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…

  7. TortsProf Blog

    Scalia Is Not Fond of the Press Reporting on Preemption

    By Christopher Robinette

    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…

  8. 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…

  9. 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…

  10. Chicago IP Litigation

    Trade Secret Act Preempts State Claims Based Upon Confidential Information

    By R. David Donoghue

    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…