Skip to main content

Topic

Preemption

1,720 published works

  1. Drug & Device Law

    More Revisionist HIV Drug History

    By Stephen McConnell

    “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…

  2. 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…

  3. PrawfsBlawg

    US seeks emergency TRO against SB8 (Updated)

    By prawfsblawg@gmail.com

    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…

  4. Drug & Device Law

    Tennessee Trial Court Holds Claims Preempted Notwithstanding Alleged Off-Label Use Of A Medical Device

    By Andrew Tauber

    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…

  5. 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…

  6. Drug & Device Law

    Pennsylvania Supreme Court to Decide Two Critical Questions

    By Rachel B. Weil

    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…

  7. 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…

  8. 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…

  9. Drug & Device Law

    Excellent “Generic Preemption” Amiodarone Decision out of the District of New Jersey

    By Rachel B. Weil

    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…

  10. 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…