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Preemption

1,720 published works

  1. 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…

  2. Drug & Device Law

    Implied Preemption and A Lack of Evidence Strips Plaintiff’s Case Under Nebraska Law

    By Michelle Yeary

    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. …

  3. 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…

  4. 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…

  5. Drug & Device Law

    Pretty Potent Mix In A Prescription Painkiller Preemption Decision

    By Eric Alexander

    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…

  6. 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,…

  7. Inside Class Actions

    Challenge to “I Can’t Believe It’s Not Butter! Spray” Labeling Is Preempted, Ninth Circuit Says

    By Alice Phillips

    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…

  8. ESG Legal Solutions, LLC

    Court Saves Gas Stoves from the Government

    By Stuart Kaplow

    The arrogance or ignorance of state and local lawmaking will not stand in this instance of clear federal preemption dating to the 2005 EPCA.

  9. Green Building Law Update

    Court Saves Gas Stoves from the Government

    By Stuart Kaplow

    This is a significant setback for state and local governments across the country seeking to ban natural gas, directly, indirectly, or otherwise.

  10. Drug & Device Law

    Consumer Expectations Test Cannot Save Design Defect Claim from Preemption

    By Stephen McConnell

    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…