Topic
Preemption
1,720 published works
Drug & Device Law
Clip, Clip Hooray
By Bexis
A month or so ago, we castigated some extremely poorly reasoned expert exclusion decisions in the Bulox v. Coopersurgical litigation. The end results weren’t horrible (p-side motions were denied), but…
Wage & Hour Litigation Blog
Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers
By Ryan McCoy
Seyfarth Synopsis: In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the…
Drug & Device Law
No Shock Here: D. Mass. Holds Complaint Regarding Class III Medical Device Preempted
By Susanna Moldoveanu, Adaeze Ashiedu
Today’s case has shocking facts but not a shocking result. It should come as no surprise that a complaint attacking the safety of an FDA-approved Class III medical device is…
Drug & Device Law
Shrinking A Safe Harbor To Fit A Consumer Protection Class
In Hall v. Walgreens Boot Alliance, Inc., the Supreme Court of Washington considered a certified question from the Northern District of Illinois on an issue of Washington state law. No.…
Drug & Device Law
Tubal Ligation Clip Claims Held to be Preempted
Bergdoll v. Coopersurgical, Inc., 2025 U.S. Dist. LEXIS 38300 (W.D. Mo. March 4, 2025), is a good Class III medical device preemption decision. The device was a Filshie clip, which…
Legal Theory Blog
LeClercq on State Resistance to Federal Preemption
Desiree LeClercq (University of Georgia School of Law) has posted Resisting Federal Preemption (Alabama Law Review, Vol. 77) on SSRN. Here is the abstract: One of the most pressing issues…
Drug & Device Law
Preemption Case to Watch:Davidson v. Sprout Foods, Inc., Food Labeling, and the California Sherman Act
By Lisa Baird
Last summer, we gleaned the bitter fields of Davidson v. Sprout Foods, Inc., an opinion in which the Ninth Circuit allowed direct private enforcement of Food, Drug, and Cosmetic Act…
Drug & Device Law
Plaintiffs Reduce Loper Bright To Absurdity
By Bexis
We read a brief from the other side recently that claimed that Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), abolished implied preemption altogether. We kid you not. Under…
Drug & Device Law
FDCA Preemption Delivers Sweet Win for Sugar Substitute Manufacturer
When we first read what the claims were in Cohen v. Saraya USA Inc., (E.D.N.Y. Jan. 20, 2025), we thought of the old Catskills joke about the elderly couple at…
Drug & Device Law
Jingle Jangle, California OTC Preemption
By Eric Hudson
It’s the holiday season, and we’re getting in the festive spirit. We like old-school jingle in our jangle (even though that’s not necessarily holiday themed), more recent, unquestionably holiday-focused jingle…