Topic

Preemption

1,720 published works

Drug & Device Law February 21, 2008
Now Who’s Quoting Reagan?
By Bexis
After yesterday's decision in Riegel v. Medtronic, Eric Turkewitz, from the plaintiff's side of the "v.," finds himself quoting Ronald Reagan in today's post.Will wonders never cease?
Drug & Device Law February 21, 2008
Welcome, Bloomberg News Readers!
By Bexis
Bloomberg called us about the Riegel v. Medtronic decision, and then published this post.We extend a warm welcome to new readers joining us from Bloomberg!
Drug & Device Law February 21, 2008
Much Is Given, Much Is Expected
By Bexis
Yeah, it was a hell of a party … but we’re sober now. One of us even got almost hilariously misquoted in the press, when the reporter got the effect…
TortsProf Blog February 21, 2008
Updated: After Riegel
By Christopher Robinette
The Drug & Device Law Blog has a looking-forward post about what happens post-Riegel -- and, by implication, what happens after the rest of the preemption trilogy if, as seems…
Drug & Device Law February 20, 2008
Ginsberg’s Riegel Dissent: A Hidden Win for Drug Preemption?
By Bexis
More on Riegel - this time from one of our recidivist guest posters, Adam Masin at Reed Smith. He thinks there may be a silver lining for drug defendants in…
Drug & Device Law February 20, 2008
More on Riegel
By Bexis
Now we've read it, and before we go off to celebrate (and maybe to look for new jobs as IP lawyers - that's a joke, folks), we thought we'd tell…
Drug & Device Law February 20, 2008
Riegel Decided – A Win For MDA Preemption
By Bexis
We've just received a copy of the Supreme Court's decision in Riegel v. Medtronic. Here's a copy. We haven't even read it all yet, but it's looking like a big…
TortsProf Blog February 20, 2008
Breaking: Riegel is Out, 7-1 for Preemption
By Christopher Robinette
The opinion is here [PDF]. Scalia wrote the majority opinion; Ginsburg dissented. There's some concurring in part going on too by Stevens. The opinion concludes that state common law claims…
Food Liability Law February 19, 2008
Preemption of Organic Foods Claims
By Kenneth Odza
We recently published a client alert about the claims being asserted against retailers for selling as “organic” milk that some believe may not be organic, as defined under the Organic…
Drug & Device Law February 11, 2008
Neither Drugs Nor Devices, Happily (Farm Raised Salmon)
By Bexis
It's neither drugs nor devices today. It's fish. Actually, it's Farm Raised Salmon, in which the California Supreme Court this morning unanimously rejected the defendants' preemption defense. We're a little…