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Preemption

1,720 published works

  1. Drug & Device Law

    Three Docs Oppose Preemption: New England Journal of Medicine

    By Bexis

    An editorial, written by three physicians and published in today's New England Journal of Medicine, argues that the Supreme Court should reject the preemption defense. To our eyes, of course,…

  2. California Employment Law Update

    San Francisco Health Care Security Ordinance Is Preempted By Federal Law

    By Tony Oncidi

    Golden Gate Restaurant Ass’n v. City and County of San Francisco, 535 F. Supp. 2d 968 (N.D. Cal. 2007) In 2006, the San Francisco Board of Supervisors passed and the…

  3. Mass Tort Litigation Blog

    Preemption Decision in Minn Tobacco Litigation

    By joetort

    The BNA Class Action Reporter reports that a Minnesota Court of Appeals ruled that "a federal cigarette labeling lawdoes not preempt state-law claims that representations about "light"cigarettes were fraudulent."  See…

  4. Drug & Device Law

    Merry Xmas to Pharma! SG’s Brief in Wyeth v. Levine

    By Bexis

    The Solicitor General has finally filed its long-awaited brief recommending whether the Supreme Court should grant certiorari in Wyeth v. Levine, which we previously described as the most important of…

  5. Drug & Device Law

    Warner-Lambert v. Kent Set for Argument

    By Bexis

    Warner-Lambert v. Kent, the fraud-on-the-FDA preemption case, has been set for argument in the Supreme Court on Monday, February 25, 2008. Here's a link to the Supreme Court's February calendar.

  6. Drug & Device Law

    The “Rule Of Construction” — Clarifying Or Confounding The Preemption Debate About Prescription Drug Warnings?

    By Bexis

    This guest post was written by Paul B. Kerrigan. Mr. Kerrigan is a partner resident in the Philadelphia office of Reed Smith LLP. This post is entirely his work. It,…

  7. Drug & Device Law

    Guided Tour Of Defense Briefs In Warner-Lambert v. Kent

    By Bexis

    The first wave of defense briefing is now complete in Warner-Lambert v. Kent. Like we did with the Riegel briefs, we thought our readers would like a guided tour. Now,…

  8. Drug & Device Law

    Colacicco: A Report From the Courtroom

    By Bexis

    Michael Imbroscio, of Covington & Burling, attended the oral argument today in the Colacicco/McNellis appeal in the Third Circuit in Philadelphia. He just sent us this report describing the argument.…

  9. Drug & Device Law

    The Supreme Court’s Preemption Trilogy

    By Bexis

    There's never been a more interesting time to be a drug and device defense lawyer; this field is hopping. The Supreme Court has granted certiorari in two preemption cases, and…

  10. Drug & Device Law

    Preemption Cross Fertilization

    By Bexis

    Public Citizen often appears in opposition to conflict preemption in drug cases. That's their right. One of our number, Bexis, does the same thing on the defense side for PLAC.…