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Preemption

1,720 published works

  1. Drug & Device Law

    Ruminations on Executive Orders and the Federal Register

    By Bexis

    More preemption inside baseball this post. If you’re not a preemption wonk like us, try again tomorrow. If you are, you’ll get a present today. We got exercised and went…

  2. Boston ERISA & Insurance Litigation Blog

    Why Preemption?

    By Stephen Rosenberg

    If, like me, you are fascinated not just by ERISA but by history and politics, this two part law review article, by James Wooten at the University at Buffalo Law…

  3. Drug & Device Law

    Guided Tour of Defense briefs in Riegel v. Medtronic

    By Bexis

    The Supreme Court briefing is now complete in Riegel v. Medtronic. For preemption wonks like us, that’s sort of like being a kid in a candy store – so we’ve…

  4. Civil Procedure & Federal Courts Blog

    Complete Preemption

    By Civil Procedure & Federal Courts Blog

    We posted here about Gil Seinfeld's article The Puzzle of Complete Preemption and interviewed him about it here.  Paul E. McGreal responds to Seinfeld's position (and that of Trevor Morrison…

  5. Boston ERISA & Insurance Litigation Blog

    Preemption of Fair Share Acts: Did the Maryland Legislature Manage to Set The Whole Issue Back a Thousand Years?

    By Stephen Rosenberg

    Here is Darren Abernethy’s law review note on preemption of state fair share acts that mandate that employers provide certain levels of health insurance. His note, which I have discussed…

  6. Drug & Device Law

    The FDA’s Amicus Curiae Briefs On Preemption – Redux

    By Bexis

    A long time ago – blogwise, anyway – we put together a post that described and linked to all the FDA’s amicus curiae briefs that the Agency had filed in…

  7. Drug & Device Law

    The 2007 FDCA Amendments And Preemption

    By Bexis

    As practically anybody bothering to read this blog knows, a large bipartisan majority of Congress just passed, and the president signed, a new bill that strengthens the FDA. Like just…

  8. Drug & Device Law

    Warner-Lambert v. Kent and Corporate Headquarters

    By Bexis

    We've been asked two questions repeatedly since the Supreme Court granted certiorari in Warner-Lambert v. Kent. We're answering both of them publicly today.First, we have no idea why the Supreme…

  9. Mass Tort Litigation Blog

    Blog Roundup

    By joetort

    Drug and Device Law Blog has posts on Tort Reform Works in TexasNotes from the Scientific UndergroundPreemption ScorecardsThe Vanishing TrialRiegel Survives.Food Law Prof Blog has posts on Cargill meat recall…

  10. Drug & Device Law

    Preemption Scorecards

    By Beck/Herrmann

    Sharp-eyed readers of our blog (those who really need to get a life) will notice something different today. For the rest of you ... well, we'll tell you. Over on…