Topic
Preemption
1,720 published works
Drug & Device Law
SDNY Dismisses Economic Injury Class Action Based on Express OTC Preemption
Patora v. Vi-Jon, LLC, 2023 U.S. Dist. LEXIS 153421 (S.D.N.Y. Aug. 30, 2023), is a typical express preemption decision resulting in dismissal of a typical consumer protection-based purely economic loss…
Drug & Device Law
On the Erstwhile Presumption Against Preemption, the Third Circuit Sticks Out Like a Sore Thumb
By Bexis
As we’ve discussed before, the United States Supreme Court, in Puerto Rico v. Franklin-California Tax-Free Trust, 579 U.S. 115 (2016), sent the presumption against preemption, in express preemption cases anyway,…
Drug & Device Law
Trying To Make Some Sense Out of OTC Economic Loss Decisions
By Bexis
Over-the-counter (“OTC”) drugs are protected from civil liability by an express preemption provision that is even stronger than the medical device preemption clause interpreted in Riegel v. Medtronic, Inc., 552…
Drug & Device Law
PMA Preemption Guts Ohio Case Down to Narrow Failure to Warn Claim
As evidenced by our PMA Preemption Score Card, on which today’s case became the 651st entry, defendant manufacturers of FDA-approved Class III medical devices generally do pretty well with preemption…
Drug & Device Law
Express Preemption Based On Forceful Agency Action Pursuant To Law
When we have given talks on preemption, whether to law firm personnel, attendees of professional conferences, or new FDA employees, we have tended to start with the Supremacy Clause and…
Drug & Device Law
Peculiar MDL Procedures Again Disadvantage Defendants
By Bexis
This is hardly the first time we’ve complained about MDL procedures – such as direct filing and master complaints – adopted in derogation of the Federal Rules of Civil Procedure,…
Drug & Device Law
SDNY Dismisses Lawsuit Alleging Rapid Release Acetominophen is Not So Rapid
Bischoff v. Albertsons Co., 2023 U.S. Dist. LEXIS109367 (SDNY June 26, 2023), is another favorable preemption ruling in the current spate of class action strike suits attacking “rapid release” over-the-counter…
Drug & Device Law
A Preemption Two-Fer
By Bexis
It’s unusual when the same defendant wins two unrelated cases involving the same product in the same week – and on the same issue. But it does happen, and recently,…
TortsProf Blog
Goldberg, Gramling & O’Rourke on Pharmaceutical Preemption
Phil Goldberg, Christopher Gramling & Sarah O'Rourke have published A Prescription for Pharmaceutical Preemption. The abstract provides:Determining liability over prescription drugs is a balancing act. For some people, medicine can save…
Regulatory Oversight
State AGs Choose Products Liability Case as Battleground for State Sovereignty
By Troutman Pepper Locke State Attorneys General Team, Barry Boise, Sean Fahey
A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer…