Topic
Preemption
1,709 published works
Boston ERISA & Insurance Litigation Blog
Wal-Mart and Preemption
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…
Securities Law Prof Blog
Ohio Appellate Court Decision on Jurisdiction, Preemption
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…
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…
TortsProf Blog
Preemption Case Seeking Cert.
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…
D.C. Medical Malpractice Blog
Defective Drugs: Major Victory for Consumers—Court rejects federal preemption
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,…
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.…
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…
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…
TortsProf Blog
Preemption Denied in Medtronic Implant MDL
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.)
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…