Topic
Preemption
1,720 published works
Drug & Device Law
C.D. Cal. Dismisses Acne OTC/Benzene Claims as Preempted
It might seem that we talk about preemption incessantly on this blog, but a pretty good opinion from a pretty important jurisdiction went unremarked by us last September. We’ll rectify…
Drug & Device Law
A Five-STAR Preemption Decision from the N.D. Okla.
By Susanna Moldoveanu, Adaeze Ashiedu
Today we report on the court’s order granting Defendant’s motion to dismiss in Keim-Bacon v. Stryker Corp., No. 4:22-CV-00383-WPJ-MTS, 2024 WL 4886051, at *1 (N.D. Okla. Nov. 25, 2024). It…
Drug & Device Law
Challenging The Role of the Presumption Against Preemption in Fosamax
By Bexis
Unfortunately, the Third Circuit now seems to have a fetish with the presumption against preemption. Not long after the Supreme Court abolished that presumption in express preemption cases in Puerto…
Drug & Device Law
Medical Device Claims Preempted in Ohio
Preemption is one of our favorite topics, not only because it is a powerful defense, but also because the intricacies of preemption and its many flavors make it inherently interesting—at…
Israel Global Gateway
Second Circuit rules Bankruptcy Code’s “safe harbor” provision preempts state law fraudulent transfer claims
By Yael Bailey
On September 19, 2024, the US Court of Appeals for the Second Circuit issued a summary order in which it held that the “safe harbor” provision of Section 546(e) of…
Drug & Device Law
Drowsy Cold Medicine Consumer Fraud Case Sleepwalks Past Preemption
Long ago, a senior partner told us that clear writing flows from clear thinking. That might be so, but clear thinking and clear writing do not necessarily produce the correct…
Consumer Finance Monitor
This week’s podcast episode: The Cantero Opinion: The Supreme Court Leaves National Bank Preemption in Limbo
By Mindy Harris
On May 30, the Supreme Court issued its opinion in Cantero v. Bank of America, reversing and remanding the case to the Second Circuit. Rather than articulating a bright line…
Consumer Finance Monitor
Petition for rehearing to be filed in Ninth Circuit in National Bank Act preemption case related to mortgage escrow accounts
On August 27, we blogged about the Ninth Circuit unpublished panel opinion in Kivett v. Flagstar Bank issued upon remand of the case from the Supreme Court with instructions to…
Drug & Device Law
Another Pretty Potent Painkiller Preemption Decision
Even though lawyers who bill for their time defending product liability cases might favor those cases sticking around and plaintiffs getting many chances before inevitable dismissals with prejudice, we have…
Consumer Finance Monitor
In finding no National Bank Act Preemption, Ninth Circuit Ignores Supreme Court Directive in and Pays Lip Service to Cantero v. Bank of America Opinion Regarding NBA Preemption
By Alan S. Kaplinsky, Richard J. Andreano, Jr., John L. Culhane, Jr.
In a surprising quick turn of events, on remand from SCOTUS, the 9th Circuit, on August 23, 2024, issued its unanimous unpublished panel opinion in Kivett v. Flagstar Bank, FSB…