Topic
Preemption
1,720 published works
Chicago IP Litigation
Unjust Enrichment Claim is Preempted by Copyright Law
Vaughn v. Kelly, No. 06 C 6427, Slip Op. (N.D. Ill. Jul. 16, 2007) (Manning, J.). Judge Manning denied defendant R. Kelly's ("Kelly") motion to dismiss plaintiff Vaughn's case arguing…
Drug & Device Law
Guest Post: Crediting Preemption: Credit Suisse IPO case strengthens the FDA’s argument for the preemption of state law failure-to-warn claims
By Bexis
Today we welcome our first guest post that’s not from somebody affiliated with one or the other of our firms. He’s Adam M. Masin, a senior associate with Reed Smith…
TortsProf Blog
Judge Holds Ruling On Merck’s Request To Appeal Vioxx Preemption Ruling
Newsday reports that U.S. District Judge Eldon E. Fallon - the federal judge assigned to handle pretrial in all federal Vioxx lawsuits - held a hearing on Friday. Merck, the…
Drug & Device Law
Vaccine Preemption – A Murder At The Bates Motel?
By Bexis
How many times have we heard that, in deciding preemption issues the “purpose” or “intent” of congress is the “ultimate touchstone” that the courts must respect? Lots. We can start…
ImmigrationProf Blog
BREAKING NEWS: Plaintiffs Win BIG in Hazleton!
As predicted here yesterday, the federal district court in Pennsylvania has issued a decision on the case challenging the Hazleton immigration ordinance. Among other findings, which I will comment after…
TortsProf Blog
SCOTUS Grants Cert in Medical Preemption Case
The Supreme Court granted cert in Riegel v. Medtronic Inc., No. 06-179. The question presented is:Whether the express preemption provision of the Medical Device Amendments to the Food, Drug and…
Drug & Device Law
News from NJ HRT Litigation
By Bexis
Under the Vioxx rule, stated previously here here, the blame - or credit - for this post goes entirely to Bexis, as Herrmann this time takes a pass due to…
Drug & Device Law
Cert granted in Riegel
By Bexis
The United States Supreme Court today granted certiorari in Riegel v. Medtronic.We'll know next Term (certainly before the end of June 2008, and probably long before then) whether the Federal…
TortsProf Blog
Cert. Granted in Preemption Case
It's a medical device case against Medtronic. Public Citizen (which represents the plaintiff) posts about it here.--BC
Labor Law Prof Blog
Top-5 Employment SSRN Downloads
Edward A. Zelinsky, The New Massachusetts Health Law: Preemption and Experimentation (149).Adam P. Romero, Methodological Descriptions: 'Feminist' and 'Queer' Legal Theories (80).Susan P. Sturm (photo above) & Howard Gadlin, Conflict…