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Preemption

1,720 published works

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. Boston ERISA & Insurance Litigation Blog

    Someone Else’s Thoughts On Preemption and the Massachusetts Health Care Reform Act

    By Stephen Rosenberg

    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.

  6. 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…

  7. 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…

  8. TortsProf Blog

    USSC to Offer Guidance on Preemption

    By Christopher Robinette

    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…

  9. 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…

  10. 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…