Skip to main content

Topic

Preemption

1,720 published works

  1. Drug & Device Law

    Preemption roundup

    By Bexis

    We're not shy about linking to information that we find useful, even if it originates with firms that compete with yours truly (or should that be "trulies?"). While we're frequently…

  2. Drug & Device Law

    Warner-Lambert v. Kent Around The Web

    By Bexis

    As readers of this blog know, we're keenly interested in Warner-Lambert v. Kent, the "fraud-on-the-FDA preemption" case in which the Supreme Court granted certiorari last week. We noted the grant…

  3. TortsProf Blog

    Preemption Roundup

    By Christopher Robinette

    The Drug & Device Blog has a useful roundup of links to discussion around the web about the grant of cert. on a preemption case.  Gives you a nice overview…

  4. Drug & Device Law

    Warner Lambert v. Kent – What’s At Stake

    By Bexis

    Ever since the Supreme Court granted certiorari in Warner Lambert v. Kent the other day, we’ve been thinking about what’s at stake. We’ve seen the case described by Bloomberg as…

  5. Drug & Device Law

    Device Preemption Scorecard

    By Beck/Herrmann

    It was probably inevitable, but our drug preemption scorecard has prompted some folks who must be gluttons for punishment to request a similar rundown of how medical device preemption has been…

  6. Mass Tort Litigation Blog

    Another Development in the Preemption Wars

    By joetort

    The Supreme Court granted cert in Warner-Lambert v. Kent, No. 06-1498.  The question presented is whether the Food, Drug and Cosmetic Act preempt product liability claims under Michigan law against…

  7. Drug & Device Law

    Warner-Lambert v. Kent: Broader Implications

    By Bexis

    The first question we'll be asked, of course, is whether a decision in Warner-Lambert v. Kent, which involves a Michigan state law, will have broad national implications. In a word,…

  8. Drug & Device Law

    Drug Versus Device Preemption

    By Bexis

    When we started this blog, we thought we were writing primarily for lawyers who defend pharmaceutical and medical device companies for a living. That's still our main audience, and we…

  9. TortsProf Blog

    Cert. Granted in Preemption Case

    By Christopher Robinette

    ScotusBlog notes it as having to do with preemption of claims of fraud on a federal agency, and Warner-Lambert is a party.  PLAC's amicus brief [PDF] explains the details; it…

  10. InsureReinsure

    California Federal Court: FDA Premarket Approval Process Does Not Preempt State Causes of Action

    By Troutman Pepper Locke

    The Federal District Court for the Northern District of California recently ruled that the FDA’s premarket approval (“PMA”) process for Class III devices does not preempt state law causes of…