Topic
Preemption
1,720 published works
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…
TortsProf Blog
Riegel Transcript…
...is here [PDF].--BC
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…
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…
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…
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…
inversecondemnation.com
9th Circuit: Federal License Does Not Preempt Hawaii’s Whale Protection Law
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…
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…
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)…
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…