Topic
Preemption
1,720 published works
Drug & Device Law
Preemption and “Paper NDAs” – Perfect Together
By Bexis
Late last Friday, we learned of Hickey v. Hospira, Inc., ___ F.4th ___, 2024 WL 2513487 (5th Cir. May 24, 2024) (thanks, Dick!), becoming the first appellate decision holding that…
Regulatory Oversight
DOT Deputizes State AGs to Pursue Consumer Claims Against Airlines, Circumventing Long-Standing Preemption
By Troutman Pepper Locke State Attorneys General Team, Ryan J. Strasser, Rachel Buck
The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs' regulatory reach. This partnership, formed in…
Gender and the Law Prof Blog
Law Scholars File Amicus Arguing to Overturn Dobbs in the Idaho Emergency Abortion Case
By Tracy Thomas
David Cohen, Greer Donley & Rachel Rebouche, Amicus Brief, Moley v. U.S.INTRODUCTION AND SUMMARY OF ARGUMENTDobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022), should be overruled. This case…
Consumer Finance Monitor
Oh, won’t you stay (enforcement): Plaintiffs seek preliminary injunction in Colorado interest rate preemption opt-out challenge
By Mindy Harris, Joseph J. Schuster, Ronald K. Vaske, John L. Culhane, Jr., Alan S. Kaplinsky
Colorado’s attempt to opt out of interest rate exportation by out-of-state, state-chartered banks ultimately will fail, and will cause irreparable harm in the interim: therefore, enforcement of the opt out…
Drug & Device Law
PREP Act Preemption Scorecard
By Bexis
We’ve discussed decisions applying preemption under the Public Readiness & Emergency Preparedness Act (hereafter “PREP Act”), 42 U.S.C. §247d-6d, on several occasions since the COVID-19 pandemic began. At this point,…
Drug & Device Law
C.D. Cal. Holds that Breast Implant Manufacturing Defect Claims are Expressly Preempted
Before we dive into today’s case, Avrin v. Mentor Worldwide LLC, 2024 WL 115672 (C.D. Cal. March 15, 2024), we offer two preliminary observations: 1. We love to hear from…
Regulatory Oversight
Massachusetts High Court Upholds Local Tobacco Sales Ban
By Bryan Haynes, Agustin Rodriguez, Nick Ramos
The Massachusetts Supreme Judicial Court (SJC) recently upheld, in a unanimous decision, the town of Brookline's ordinance banning the sale of tobacco and e-cigarette products to anyone born after Jan.…
Business and Commercial
FDCA Preemption: A Powerful Tool for Defending Class Actions
Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense…
Drug & Device Law
A Thorny PMA Preemption Decision from Rhode Island
Sometimes there’s a little something for everyone. Today’s case has personal jurisdiction, corporate veil piercing, PMA preemption, statute of limitations, and learned intermediary. Not every decision on these issues goes…
Drug & Device Law
Rounding Up the Eleventh Circuit Zombie
By Bexis
In Puerto Rico v. Franklin-California Tax-Free Trust, 579 U.S. 115 (2016) (initially discussed here), the Supreme Court drove a stake through the heart of the misbegotten “presumption against preemption” in…