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Preemption

1,720 published works

  1. Drug & Device Law

    A Preemption Tangent (Watters v. Wachovia Bank)

    By Bexis

    We don't often post about National Bank Act cases. (We would do it more often if we were more confident of the spelling of the word "bank," but that's too…

  2. Drug & Device Law

    Preemption News (Colacicco v. Apotex)

    By Bexis

    This is the SSRI case out of the Eastern District of Pennsylvania in which the court found most claims preempted both against a generic and against a pioneer drug manufacturer.…

  3. Drug & Device Law

    Preemption news (Levine v. Wyeth)

    By Bexis

    Levine v. Wyeth was a decision by the Vermont Supreme Court holding against the preemption defense in the context of a prescription drug. The defendant, Wyeth, petitioned for certiorari. This…

  4. Drug & Device Law

    Picking Spots In Preemption Cases

    By Bexis

    We’ve seen two adverse preemption decisions over the last couple of weeks that have us scratching our heads. These opinions are Barnhill v. Teva Pharmaceuticals USA Inc., No. 06-0282, 22…

  5. ImmigrationProf Blog

    Tennessee Attorney General Issues Opinion that Proposed State Immigration Law is Pre-empted by Federal Law

    By immigrationprof

    As readers well know, the action on immigration is hot and heavy at the local level while Congress continues to discuss immigration reform.  The latest is from Tennessee.  Pending legislation…

  6. Drug & Device Law

    Welcome, DRI (and Cali Drug Cartel)

    By Bexis

    Our BlackBerries were buzzing off the table on Thursday. FDA Chief Counsel Sheldon Bradshaw was speaking about federal preemption at the Defense Research Institute drug and device meeting in San…

  7. Drug & Device Law

    Colacicco Appellate Status

    By Bexis

    As best as we know, here's where the appeal of the Colacicco/McNellis matter stands. The parties in Colacicco have received a list of possible argument dates from the Third Circuit.…

  8. California Employment Law Update

    Undocumented Workers Had Standing To Assert Violation Of Prevailing Wage Law

    By Tony Oncidi

    Reyes v. Van Elk, Ltd., 148 Cal. App. 4th 604 (2007) Plaintiffs were employed by Van Elk on allegedly public works projects that were subject to California’s prevailing wage law.…

  9. Drug & Device Law

    Preemption and FDA Archaeology

    By Bexis

    One of the more insistent refrains that we hear from plaintiffs in prescription drug cases where implied preemption is at issue is that the FDA’s current position – foursquare in…

  10. Drug & Device Law

    Why The Texas Vioxx Decision Matters

    By Bexis

    Last weekend, we did a post on why preemption matters. The story has now evolved. Judge Randy Wilson, in Harris County, Texas, is overseeing the Texas statewide coordinated Vioxx proceedings.…