Topic
Preemption
1,720 published works
Drug & Device Law
What Happens If We Win? – Violation Claims
By Bexis
Ok, we’ve worried about what might happen if our side (the defense, for any new readers) were to lose the preemption wars currently in progress before the Supreme Court. Today…
Life Sciences Legal Update
Bi-Annual Update Regarding Pharmaceutical Drug and Medical Device Federal Preemption: The Supreme Court Speaks In Riegel v. Medtronic
By Lisa Baird, Michelle Lyu Cheng
This post was also written by Michael K. Brown. In This Issue… U.S. Supreme Court Activity in Medical Device and Drug Preemption Cases Express Preemption in the Lower Courts Preemption…
Mass Tort Litigation Blog
More Scholarship on Preemption
By joetort
Preemption seems to be the topic of the day. In addition to Catherine Sharkey's article "Products Liability Preemption: An Institutional Approach," the following pieces have been posted on SSRN:Trevor Morrison…
Drug & Device Law
The Same Old Story, Part II
By Bexis
On Friday, we wrote of Vytorin, that "we haven't yet seen the 10b-5 securities fraud class actions." Well, that wasn't a very long wait. Some things are just all too…
Boston ERISA & Insurance Litigation Blog
Someone Else’s Thoughts On Preemption and the Massachusetts Health Care Reform Act
People with thin skins - or who can’t laugh at themselves - shouldn’t write blogs. I got a good chuckle out of this over my morning coffee this morning.
Drug & Device Law
Levine – Assessing The Playing Field
By Bexis
The Wyeth v. Levine case is such a big deal that you can bet we’ll be discussing it a lot. For one thing, it has the potential to obliterate entire…
Mass Tort Litigation Blog
Sharkey on Preemption
By joetort
Given the recent cert grants on preemption, this might be a good time to revisit Catherine Sharkey (NYU)'s piece entitled "The Fraud Caveat to Preemption" which I mentioned back in…
TortsProf Blog
USSC to Offer Guidance on Preemption
Yesterday, the Court granted cert in two products liability preemption cases. In Wyeth v. Levine, No. 06-1249, the Court will determine whether the FDA's labeling requirements for prescription drugs preempt…
Drug & Device Law
Collecting our thoughts on Wyeth v. Levine
By Bexis
We're sure that we'll have plenty more to say about the Wyeth v. Levine case as it makes its way toward final decision later this term. For one thing, the…
Drug & Device Law
Levine cert. grant order
By Bexis
Here is a copy of the order list with the Levine cert. grant being number 2 on the list. Wyeth's brief is due 2/25/08.It looks like a great deal of…