Topic
Preemption
1,720 published works
Drug & Device Law
More Revisionist HIV Drug History
“You should’ve made a better medicine sooner” sounds like a complaint, but not a legal complaint. The FDA approves drugs if they are safe and effective; they needn’t be the…
Land Use Law Blog
2021 CEQA 3rd QUARTER REVIEW
By Abbott & Kindermann, Inc., William W. Abbott, Diane G. Kindermann, Glen C. Hansen
Welcome to Abbott & Kindermann’s 2021 3rd Quarter cumulative CEQA update. This summary provides links to more in-depth case write-ups on the firm’s blog. The case names of the newest…
PrawfsBlawg
US seeks emergency TRO against SB8 (Updated)
Main Wednesday, September 15, 2021US seeks emergency TRO against SB8 (Updated)Motion here. The piece I find interesting begins around p. 24, in which DOJ argues, in essence, that § 1983…
Drug & Device Law
Tennessee Trial Court Holds Claims Preempted Notwithstanding Alleged Off-Label Use Of A Medical Device
Today we discuss Sherrod v. Smith & Nephew, Inc., 2021 Tenn. Cir. LEXIS 74 (Tenn. Cir. Ct. 2021), a recent Tennessee trial court decision granting the defendant device manufacturer summary…
Drug & Device Law
The Myth of “Pre-Approval” Warning Claims
By Bexis
Not long ago we pointed out, in our discussion of In re: Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp. ___, 2021 WL 2865869 (S.D. Fla. July 8, 2021), that…
Drug & Device Law
Pennsylvania Supreme Court to Decide Two Critical Questions
We have news to report. No, we don’t mean the resignation of New York’s governor, though we can’t say we’ve shed many tears. And we certainly don’t have much good…
Regulatory Oversight
Uncle Sam Argues No Federal Preemption for Municipal Pipeline Regulation
By Keith J. Barnett, Ketan Bhirud, Matt Fay
The federal government’s recent argument that neither federal law nor the U.S. Constitution preempted a municipal ordinance in South Portland, ME demonstrates the sometimes-complex relationship between federal, state, and local…
Washington Energy Report
Denver Water Files Complaint in Federal Court, Seeking Preemption of Boulder County Regulation Due to FERC Hydroelectric Project License
By Chuck Sensiba, Elizabeth McCormick
On July 14, 2021, the City and County of Denver, Colorado, acting through its Board of Water Commissioners (“Denver Water”), filed a Complaint in the United States District Court for…
Drug & Device Law
Excellent “Generic Preemption” Amiodarone Decision out of the District of New Jersey
The Drug and Device Law Rock Climber celebrated her birthday this week by acquiring a companion for the Irascible Rescue Pomeranian (you can read about him here). The new family member…
Drug & Device Law
FDA Reporting and Consumer Protection Issues Certified to Connecticut Supreme Court
By Bexis
As we discussed in our recent 50-state survey on failure-to-report claims, plaintiff-side allegations seeking to predicate “warning” liability on a defendant’s allegedly failing to comply with FDCA adverse event reporting…