Topic
Preemption
1,720 published works
Trading Secrets
Did the NLRB Preempt Non-Compete Litigation?
By Alex Meier
Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that…
Drug & Device Law
Implied Preemption and A Lack of Evidence Strips Plaintiff’s Case Under Nebraska Law
Today’s case is Thelen v. Somatics, LLC, 2023 WL 3338221 (M.D. Fla. May 5, 2023). It is a straightforward products liability case involving a medical device used in electro-convulsive therapy. …
Drug & Device Law
Two New Appellate COVID-Related Developments
By Bexis
Each of these cases is significant enough to merit its own post, but since they came down within a week of each other, we’re discussing both of them here. They…
Drug & Device Law
Only in an MDL….
By Bexis
Some things make sense only in the topsy-turvy, litigate-everything-to-death world of multidistrict litigation. One recent example is In re Taxotere (Docetaxel) Products Liability Litigation, 2023 WL 2982464 (E.D. La. March…
Drug & Device Law
Pretty Potent Mix In A Prescription Painkiller Preemption Decision
If we have said it once, we have said it a hundred times: medical product manufacturers are not insurers of their products. Almost as frequently uttered would be that strict…
Drug & Device Law
Automotive Preemption Case Has Buckman Front and Center
By Bexis
One key point where implied preemption differs from express preemption is that express preemption is inherently limited by the language of the particular statute that contains the pertinent preemption clause,…
Inside Class Actions
Challenge to “I Can’t Believe It’s Not Butter! Spray” Labeling Is Preempted, Ninth Circuit Says
In a decision that boosts defendants’ chances of defeating mislabeling claims at the pleading stage, a Ninth Circuit panel held that that the Food Drug and Cosmetic Act (“FDCA”) expressly…
ESG Legal Solutions, LLC
Court Saves Gas Stoves from the Government
The arrogance or ignorance of state and local lawmaking will not stand in this instance of clear federal preemption dating to the 2005 EPCA.
Green Building Law Update
Court Saves Gas Stoves from the Government
This is a significant setback for state and local governments across the country seeking to ban natural gas, directly, indirectly, or otherwise.
Drug & Device Law
Consumer Expectations Test Cannot Save Design Defect Claim from Preemption
When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it. Otherwise, we’d be required to turn in our bar…