Topic
Preemption
1,720 published works
Green Leaf Brief
Podcast: Law of the Land? Cannabis, Preemption, and SCOTUS
By McGlinchey
Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U.S. Supreme Court resolve this conflict in a Workers' Comp case?
Your ERISA Watch
Your ERISA Watch – Week of April 6, 2022
Thanks to the Civil Justice Reform Act of 1990, 28 U.S.C § 476 (which was introduced by our current President when he was the junior senator from Delaware), the federal…
California Employment Law Update
Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims
By Kate Gold, Philippe A. Lebel, Dylan K. Tedford
Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration…
Mass Tort Defense
MDL Judge Decides Important Preemption Issues
By Sean Wajert
Worth our note is a recent preemption decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 2022 WL 855853 (D.N.J. March 23, 2022). The case is noteworthy because it…
Drug & Device Law
The Intersection Between the Lanham Act and the FDCA
FDA’s exclusive enforcement powers prohibit plaintiffs from bringing what amount to private FDCA violation claims in the guise of private civil litigation. 21 U.S.C. §337(a). That is the foundation on…
Chicago Business Litigation Lawyer Blog
Ninth Circuit Allows State Law Claims to Survive in Mislabeling Class Action
By Peter S. Lubin, Patrick Austermuehle
Preemption is familiar battleground for class-action litigants prosecuting or defending product mislabeling claims concerning the labels of federally regulated products. Plaintiffs asserting state law mislabeling claims must contend with the…
Drug & Device Law
Albrecht Progeny – Fosamax Femur Fracture Claims Preempted
By Bexis
When Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019), was decided, we included it as both our best decision of 2019, and as our sixth…
Drug & Device Law
FDCA Expressly Preempts State-Law Claim Challenging Labeling Statement Authorized By FDA Regulations
A few weeks ago, we reported on Chong v. Kind LLC, 2022 WL 464149 (N.D. Cal. 2022), a decision holding that 21 U.S.C. § 337(a) as construed in Buckman v.…
Drug & Device Law
Reading Tea Leaves: Judge Brown Jackson’s Decisions Relevant To Product Liability
In the coming weeks, there are sure to be many articles looking at what Judge Brown Jackson has written and what that might suggest about the future jurisprudence of the…
Food, Drug & Agriculture
FDA Boosts Protein Preemption Defense
Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content…