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Preemption

1,720 published works

  1. 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…

  2. 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…

  3. 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…

  4. 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 –…

  5. 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…

  6. 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…

  7. New York Attorney Malpractice Blog

    Preemption in Legal Malpractice

    By Andrew Lavoott Bluestone

    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…

  8. 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.…

  9. 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…

  10. TortsProf Blog

    SCOTUS Invites SG View On Products/Preemption Case

    By Christopher Robinette

    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…