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Preemption

1,720 published works

  1. Drug & Device Law

    Whither Riegel?

    By Bexis

    We've heard through the grapevine (well because one of us has tangential involvement) that the Riegel v. Medtronic case, that the Supreme Court took to sort out the question of…

  2. TortsProf Blog

    Senate Judiciary Committee Hearing on Preemption

    By Christopher Robinette

    The Senate Judiciary Committee is holding a hearing today at 11:00 am (in Dirksen-226 if you want to stop by) on "Regulatory Preemption: Are Federal Agencies Usurping Congressional and State…

  3. Drug & Device Law

    Colacicco Oral Argument Scheduled

    By Bexis

    In letters sent to the parties in both Colacicco and McNellis, the Third Circuit has tentatively scheduled both cases (they aren't technically consolidated) for "consideration" on December 10, 2007. Technically…

  4. The Contingency

    Supreme Court Bidness Cases for 2007 Term

    By Barry Barnett

    The first Monday in October arrives in three weeks -- on October 1, 2007.  And, as U.S. Supreme Court junkies know, then begins the Court's October 2007 Term. Blawgletter counts…

  5. Drug & Device Law

    Joining Issue In Vaccine Act Preemption – Ferrari Gets A Red Flag

    By Bexis

    It certainly didn’t take long.Back in late July we posted about the extraordinarily restrictive view of Vaccine Act (and indeed of all) preemption taken in Ferrari v. American Home Products…

  6. Louisiana Law Blog

    Vioxx Multidistrict Litigation Court Refuses to Give Deference to FDA’s Preemption Preamble

    By Glenn Farnet

    On January 24, 2006, the U.S. Food and Drug Administration (FDA) issued a Final Rule entitled Requirements on Content and Format of Labeling for Human Prescription Drug and Biological Products,…

  7. Boston ERISA & Insurance Litigation Blog

    More on Preemption and Health Care Reform in California

    By Stephen Rosenberg

    I posted a couple of days back about California’s interest in enacting a state health care reform law that, like the current law in Massachusetts and the Maryland Fair Share…

  8. Drug & Device Law

    Third Circuit Finds Preemption Of Consumer Fraud Claims Challenging FDA-Approved Labeling

    By Bexis

    In our prior posts on “Preemption Lite” and “Then There Were Seven,” we discussed the impact of certain “safe harbor” provisions under state consumer fraud acts where the violations being…

  9. D.C. Medical Malpractice Blog

    Supreme Court to Hear Major Medical Device Liability Case

    By Regan Zambri & Long

    The U.S. Supreme Court recently agreed to hear a product liability case with significant implications for the medical device industry and for any patient treated with medical devices.  The Public…

  10. Drug & Device Law

    Preemption And Pre-Market Approved Medical Devices – The Hits Keep On Coming

    By Bexis

    All the marbles may now reside at the United States Supreme Court, since the Court granted certiorari in Riegel, see our prior post, but the pendency of Supreme Court review…