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Preemption

1,709 published works

  1. Boston ERISA & Insurance Litigation Blog

    Wal-Mart and Preemption

    By Stephen Rosenberg

    It is likely that if you are interested in the subject of this blog you already know that the Fourth Circuit has now affirmed the District Court decision striking down Maryland's Fair…

  2. Securities Law Prof Blog

    Ohio Appellate Court Decision on Jurisdiction, Preemption

    By Securites Lawprof

    For those interested in state securities law, the Ohio appellate court recently (12/26/06) issued an opinion dealing with a private offering, purportedly under SEC Rule 506, that used a website…

  3. Drug & Device Law

    Colacicco delayed

    By Bexis

    All eyes in the drug preemption world are, of course, on Colacicco v. Apotex, now on appeal in the Third Circuit. The later appeal from McNellis v. Pfizer (out of…

  4. TortsProf Blog

    Preemption Case Seeking Cert.

    By Christopher Robinette

    A ways back, I noted a case in which state tort litigation arising out of a train crash (and accompanying spill) was held (by my judge, incidentally) preempted by state…

  5. D.C. Medical Malpractice Blog

    Defective Drugs: Major Victory for Consumers—Court rejects federal preemption

    By Regan Zambri & Long

    Victims of pharmaceutical company misconduct won a major victory in U.S. District Court in Philadelphia Oct. 17 when Judge Stewart Dalzell rejected Novartis Pharmaceutical Corp.'s claim that the Federal Food,…

  6. Drug & Device Law

    Preemption of “Black Box” Warning Claims

    By Bexis

    One of the high-profile ways in which the FDA has been strengthening product warnings lately has been to require more “black box” labeling – the FDA’s strongest form of warnings.…

  7. Drug & Device Law

    The FDA’s Amicus Briefs on Preemption

    By Bexis

    As everyone who litigates drug and medical device cases knows, the FDA has filed a number of briefs as amicus curiae over the past few years. It strikes us that…

  8. Drug & Device Law

    Interlocutory appeals in MDLs

    By Bexis

    We love choice of law issues for federal questions in MDLs; it gives us something to think about. Readers of this blog know the basic issue. A lawsuit is filed…

  9. TortsProf Blog

    Preemption Denied in Medtronic Implant MDL

    By Christopher Robinette

    The Houston Chronicle has the AP story.  No indication on the court's website for the MDL yet.(I clerked for the judge overseeing the MDL.)

  10. Drug & Device Law

    Buckman Scorned (Implantable Defibrillators)

    By Bexis

    We just read one of the more remarkable decisions we’ve ever seen, insofar as it disregards controlling precedent. That opinion is In re Medtronic, Inc., Implantable Defibrillators Litigation, 2006 WL…