Topic
Preemption
1,720 published works
Drug & Device Law
Congressional Preemption Watch – Good News
By Bexis
We're pleased to report that the ATLA anti-preemption language was stripped out of the FDARA legislation before that legislation was voted on favorably by the House Energy and Commerce Health…
Drug & Device Law
The FDA Bill – More on what Congress Might Do with Preemption
By Bexis
The day after we ran our post alerting readers to the threat suddenly being posed by House language concerning preemption, "The Hill" blog ran a much more detailed piece on…
Drug & Device Law
The Week That Was — To Z (Zyprexa Preemption Decision)
By Bexis
It's hard to find a political constituency for the preemption defense. Liberals want to permit plaintiffs to sue; conservatives believe in federalism, and so don't think the federal government should…
Drug & Device Law
Preemption Finally Surfaces in FDA-Related Legislation
By Bexis
Shortly after the Senate passed its version of the FDA Revitalization Act (“FDARA”) last May, we sat down and read the whole thing – all 500 pages of it –…
Drug & Device Law
Preemption News (Colacicco v. Apotex) – revised
By Bexis
We previously mentioned here that oral argument had been scheduled for Colacicco/McNellis for September 17, 2007. That statement is now inoperative. The parties have been notified by the Third Circuit…
Drug & Device Law
Compliance With FDA Regulations As A Defense
By Bexis
Many states have enacted statutes creating a defense to some or all damages if a drug manufacturer complies with requirements imposed by the FDA.This is already a big issue; it…
New York Attorney Malpractice Blog
Preemption in Legal Malpractice
A sometimes defense in legal malpractice is "preemption." The defense would be that regular rules of legal malpractice do not apply because a federal or state law has so occupied…
Drug & Device Law
Preemption Lite
By Bexis
At bottom, preemption is about power. Stripped to its essentials, any federal preemption argument amounts to the proposition that “supreme” federal power requires/encourages me/my client to do what we’re doing.…
Drug & Device Law
Riegel v. Medtronic – The Solicitor General Weighs In On Medical Device Preemption
By Bexis
The Solicitor General has just weighed in today with his amicus curiae curiae brief in Riegel v. Medtronic, Inc., No. 06-179 (U.S. filed May 2007). You can read the brief…
TortsProf Blog
SCOTUS Invites SG View On Products/Preemption Case
On Monday, the Supreme Court invited the Solicitor General to file a brief in Wyeth v. Levine. At issue is whether the FDA's drug label requirements preempt state negligence and…