Topic
Preemption
1,720 published works
Mass Tort Litigation Blog
Supreme Court Grants Cert in Two Preemption Cases
By joetort
The Supreme Court today granted cert in two preemption cases that will have significance for mass tort litigation. In Wyeth v. Levine, No. 06-1249, the Court will decide whether the…
Drug & Device Law
One, Two Punch in California
By Bexis
Last week we posted about about the Blanco PMA preemption win the 4th District of the California Court of Appeals. Now we've just become aware, a week later, that the…
Drug & Device Law
Drug Preemption Victory in Dobbs
By Bexis
This post is entirely Bexis' work - for the best reason in the world. Co-blogger Herrmann is victorious counsel for the defendant in the case we're describing. Hot off the…
Drug & Device Law
Why Fixing The FDA’s CBE (“Changes Being Effected”) Regulation Is A Big Deal
By Bexis
The other day we got a tip that the FDA had just posted something on its website that we’d want to read. Even though we were both swamped (Herrmann was…
TortsProf Blog
Vladeck on Regulatory Preemption
The ACS blog has a post (with video) and an issue brief [PDF] from David Vladeck (Georgetown) relating to regulatory preemption. He focuses less on the wisdom (or lack of…
Drug & Device Law
FDA Post-Argument Submission in Colacicco
By Bexis
Late last week, the FDA filed a short post-argument submission with the Third Circuit in Colacicco, which the parties recently received. Here's a copy. It's only a couple of pages.…
Drug & Device Law
New FDA Regulatory Initiative Would Assist Preemption
By Bexis
The FDA posted on its website today a regulatory initiative that will affect many prescription drug/implied preemption arguments. It's an agency's proposal to change amend its "Changes Being Effected" regulations…
Drug & Device Law
Date for Cert Decision in Wyeth v. Levine
By Bexis
We had previously predicted that the Supreme Court would decide whether to grant certiorari in Wyeth v. Levine at the January 11, 2008, Friday conference.Here's an update: The case is…
Drug & Device Law
HRT JNOV Explained (Simon v. Wyeth)
By Bexis
Egad. We did those two basic posts on Friday explaining for lay readers the litigation process and the importance of the preemption, Daubert, and learned intermediary defenses. And now we…
Drug & Device Law
The Big Three Defenses in Drug Product Liability Cases
By Bexis
Sometimes, we're not sure why we call this the "Drug and Device Law Blog." We could call it the "Preemption, Daubert, and Learned Intermediary Law Blog" and still be 90…