Topic
Preemption
1,720 published works
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…
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…
TortsProf Blog
Preemption Roundup
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…
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…
Drug & Device Law
Device Preemption Scorecard
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…
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…
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,…
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…
TortsProf Blog
Cert. Granted in Preemption Case
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…
InsureReinsure
California Federal Court: FDA Premarket Approval Process Does Not Preempt State Causes of Action
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…