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Preemption

1,720 published works

  1. 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…

  2. 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…

  3. 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…

  4. Drug & Device Law

    Shrinking A Safe Harbor To Fit A Consumer Protection Class

    By Eric Alexander

    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.…

  5. Drug & Device Law

    Tubal Ligation Clip Claims Held to be Preempted

    By Stephen McConnell

    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…

  6. Legal Theory Blog

    LeClercq on State Resistance to Federal Preemption

    By Lawrence B. Solum

    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…

  7. 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…

  8. 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…

  9. Drug & Device Law

    FDCA Preemption Delivers Sweet Win for Sugar Substitute Manufacturer

    By Stephen McConnell

    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…

  10. 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…