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Preemption

1,720 published works

  1. Drug & Device Law

    Riegel Oral Argument – Draw Your Own Conclusion

    By Bexis

    Riegel v. Medtronic was argued today in the Supreme Court. So far, the reports we've heard from people who were there are optimistic - but people believe what they want…

  2. TortsProf Blog

    Riegel Transcript…

    By Christopher Robinette

    ...is here [PDF].--BC

  3. Drug & Device Law

    Recent FDA/Solicitor General Preemption Amicus Filing – Riegel

    By Bexis

    We must have been a little asleep at the switch, because, several weeks ago, now, the Solicitor General, on behalf of the FDA, filed the government’s merits amicus brief in…

  4. Drug & Device Law

    Latest FDA/Solicitor General Preemption Amicus Filing – Kent

    By Bexis

    The Solicitor General, on behalf of the FDA, has recently filed amicus briefs in both the Riegel v. Medtronic and Warner-Lambert v. Kent (formerly Desiano) Supreme Court preemption cases. We’re…

  5. Drug & Device Law

    Riegel SG/FDA amicus brief

    By Bexis

    Here's the SG's amicus brief in Riegel v. Medtronic, as it appears on the SG's website. We'll give you more analysis tomorrow, but take our word for it, if you…

  6. Drug & Device Law

    SG briefs: Riegel and Kent

    By Bexis

    The SG recently filed a pro-preemption amicus brief in Riegel v. Medtronic. We've read it, and it's very nice - and useful in the drug field as well. However, our…

  7. inversecondemnation.com

    9th Circuit: Federal License Does Not Preempt Hawaii’s Whale Protection Law

    By Robert H. Thomas

    In UFO Chuting of Hawaii, Inc. v. Smith, No 05-16545 (Nov. 28, 2007), the Ninth Circuit held:We hold that UFO’s right to operate vessels under its federal maritime coasting licenses…

  8. Mass Tort Litigation Blog

    Federalist Society Publication Articles on Preemption, Learned Intermediary Rule, and Class Action Attorneys’ Fees

    By joetort

    The Federalist Society has posted the October 2007 issue of Engage.  Mass-tort related articles include the following: Catherine M. Sharkey, The Roberts Court Wades into Products Liability Preemption Waters: Riegel…

  9. Drug & Device Law

    So What Happens If We Lose?

    By Bexis

    Implied preemption in prescription drug cases basically comes down to how a judge feels about whether a manufacturer can unilaterally change its label to “strengthen” warnings under 21 C.F.R. §314.70(c)…

  10. North Carolina Product Liability Blog

    Preemption victory for crashworthiness plaintiffs

    By Law Office of D. Hardison Wood

    In the matter O'Hara v. General Motors, a recent ruling has plaintiffs celebrating and defendants checking their pocketbooks. The US Ct. of Appeals for the 5th Circuit reached an important…