Topic
Preemption
1,720 published works
Labor Relations Update
SCOTUS Denies Review and Leaves Seattle’s “Play-or Pay” Ordinance Intact
On November 21, 2022, the Supreme Court declined to review whether federal law preempts a Seattle Ordinance mandating that large hotels offer their employees health insurance coverage or increased pay. …
Drug & Device Law
SDNY Dismisses Sunscreen Case Based on Preemption
At ACI’s December session in New York we will be part of a panel discussion on product liability actions against over the counter (OTC) medicines. Such lawsuits are certainly not…
Drug & Device Law
Preemption and Pleading Send Plaintiff Packing
By Bexis
The recent defense win in Dains v. Bayer HealthCare LLC, 2022 WL 16572021 (N.D.N.Y. Nov. 1, 2022), demonstrates why many plaintiff-side counsel are well-advised to steer away from cases involving…
Drug & Device Law
W.D. Kentucky Dismisses Amlodipine Claims on Preemption Grounds
Bexis has already plugged the Reed Smith Life Sciences CLE programs this week, so we won’t replug — except to remind you that Rachel Weil and the drudge/author of this…
Health Care and Life Sciences
Shameless Plug: Reed Smith’s Virtual Life Sciences CLE Week
By Bexis
As we head past Halloween, your Reed Smith bloggers wanted to offer our loyal readers a treat: Reed Smith is once again offering its virtual “Life Sciences CLE Week” starting…
Consumer Class Defense Counsel
Ninth Circuit Holds that Implied Preemption Bars State Law Claims Based on a Violation of the FDCA
By Kelsey C. Boehm, Jaikaran Singh
In Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc., 48 F.4th 1040, 1041 (9th Cir. 2022), the Ninth Circuit recently held that the implied preemption doctrine barred state law…
Gender and the Law Prof Blog
Gender and Racial Inequity in Federal Preemption of Cosmetics and the Need for State Tort Law
By Tracy Thomas
Marie Boyd, Preemption & Gender & Racial (In)equity: Why State Tort Law Is Needed in the Cosmetic Context, 102 Boston U.L.Rev. (2022)Much of the legal scholarship on the preemption of…
Gender and the Law Prof Blog
Public Comment Submitted by Cohen, Rebouche, and Donley on Veterans Affairs Reproductive Health Services Interim Final Rule
By Jamie Abrams
David Cohen, Rachel Rebouche, and Greer Donley, represented by Democracy Forward, have submitted a public comment in response to the Department of Veteran Affairs' Reproductive Health Services Interim Final Rule.…
Maine Appeals
The First Circuit Reframes Preemption
Yesterday the First Circuit handed down a notable decision in Maine Forest Products Council v. Cormier, a case in which my firm represented the plaintiffs-appellees. In MFPC, plaintiffs challenged a…
Drug & Device Law
Ninth Circuit Finds No Private Cause of Action Against Pharmaceutical Compounder
It has been just about two years since the Central District of California dismissed the claims in Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc. as impermissible attempts to…