Topic
Preemption
1,720 published works
California Workplace Law Blog
California Court of Appeals Rules Short Haul Drivers’ Claims Preempted by Federal Motor Carrier Safety Administration Rules
By Arthur K. Cunningham, Stephanie Joy M. Tañada
In Espinoza v. Hepta Run, Inc., the California Court of Appeal reiterated that federal law preempts California meal and rest period requirements for motor carriers and confirmed such preemption also…
Drug & Device Law
Court Tosses Claims Against Manufacturer and Distributor of a Generic Drug
Earlier this week a district court dismissed claims brought against the manufacturer and the distributor of a generic drug, holding that all of the claims were preempted by federal law…
Workers’ Compensation Law Prof Blog
NFIB v. Department of Labor, OSHA in a Few Sentences
In my first reading of the opinion this morning, I conclude that all the Supreme Court said in the big National Federation of Business vs. OSHA case is that OSHA…
Long Island Land Use and Zoning
Slings and Arrows At The Court Of Appeals
On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a…
Drug & Device Law
Narrowing The Scope Of Preemption-Related Discovery
Discovery can be very expensive. Defendants really like to win on motions to dismiss in part because they get to avoid the costs of discovery. We can pile on these…
Drug & Device Law
MDL Court: Pre-Approval Design-Defect Claim Not Preempted
In a ruling that is contrary to Supreme Court precedent, the district court presiding over the Zostavax MDL recently held that federal law does not preempt a state-law design-defect claim…
Ogletree Deakins Insights
Supreme Court Seeks Solicitor General Input on Preemption Challenge to California’s AB 5
By By: Robert R. Roginson, Alexander M. Chemers
On November 15, 2021, the Supreme Court of the United States issued an order concerning the California Trucking Association’s (CTA) challenge to California’s independent contractor law, Assembly Bill (AB) 5.…
Drug & Device Law
Fifth Circuit Holds That Cardiac Defibrillator Complaint Does Not State A “Parallel Claim” And Is Therefore Preempted
There has been a veritable pandemic of posts about Covid-19 regulations (vaccine mandates, restrictions on indoor gatherings, etc.) on the DDL blog as of late, so we thought we’d take…
Drug & Device Law
Some Positive News from the In re BHR MDL
If you are even a casual reader of this blog, you have probably come upon a post disparaging the rulings coming out of the In re BHR Hip Implant Products…
Drug & Device Law
“Pink Tax” Claim Hits Red Light
A short and sweet report today on Lowe v. Walgreens Boots All., Inc., 2021 WL 4772293 (N.D. Cal. 2021), a recent decision dismissing a putative class action that sought to…