Topic
Preemption
1,720 published works
Drug & Device Law
Preemption In Philadelphia
By Bexis
As regular watchers of our Drug Preemption Scorecard know, the good guys had been on a bit of a roll with preemption in prescription drug cases in 2008. We’d gone…
Drug & Device Law
Unequal Minds Think Alike (Sharkey’s Model to Understand Preemption Jurisprudence)
By Bexis
Professor Catherine Sharkey (now at NYU Law School), who's written more about preemption than most of us have read, saw this morning's post about how the Supreme Court often adopts…
Drug & Device Law
A Tea Leaf For Levine
By Bexis
Isn't it funny? The blogosphere has already beaten Riegel v. Medtronic to a pulp (we joined in the fun here, here, and here) and is moving on to other subjects,…
Drug & Device Law
That Didn’t Take Long
By Bexis
Just after Riegel was decided, we mentioned that there would undoubtedly be attempts made in Congress to strangle the new legal regime that the Court wrought in its cradle. It…
TortsProf Blog
PA Judge: No Preemption in Paxil Labeling Suit
Judge Allan L. Tereshko, the coordinating judge of Philadelphia Common Pleas Court's Complex Litigation Program, denied GlaxoSmithKline's preemption-based motion for summary judgment on Tuesday. The court held that federal law…
Drug & Device Law
Riegel and “Parallel” State Law Duties
By Bexis
We started writing over the weekend about "Loopholes in Riegel," and then went for a walk in the park. We said we might get back to you with the back…
Drug & Device Law
A Simple Twist of Fate (Despain v. Bradburn)
By Bexis
Just two weeks before the U.S. Supreme Court decided Riegel v. Medtronic, the Supreme Court of Arkansas had decided Despain v. Bradburn, No. 07-714, 2008 WL 324356 (S. Ct. Ark.…
Drug & Device Law
Loopholes in Riegel
By Bexis
We got your attention with that title on this blog, didn't we?So let's cut to the chase: There are no loopholes in Riegel.(Neutral observers sometimes ask why we aren't more…
Drug & Device Law
We Grow Too Soon Old And Too Late Schmart
By Bexis
This post is the work of Bexis alone; Herrmann had to stay on the sidelines today: "We grow too soon old and too late schmart." That’s what the Pennsylvania Dutch…
Drug & Device Law
There Oughta Be A Law (An Odd Implication of Kent)
By Bexis
As the whole drug and device world knows by now, Warner-Lambert v. Kent played to a 4 to 4 tie on Monday.The Supreme Court decision thus "lacks a precedential effect,"Plaut…