Skip to main content

Topic

Preemption

1,720 published works

  1. Drug & Device Law

    D.N.J. Dismisses Drug Consumer Fraud Action on Preemption Grounds

    By Stephen McConnell

    A lot of life comes down to timing. Maybe you submitted your job application just as positions were opening. Maybe a slow taxi driver caused you to miss a disaster.…

  2. Regulatory Oversight

    WinRed Fights Back Against Alleged Overreach by State Attorneys General

    By Chris Carlson, Abby Hylton, Ketan Bhirud

    Four Democratic state attorneys general are investigating the online fundraising practices of WinRed, a Republican-affiliated political action committee (PAC), and ActBlue, a Democratic-affiliated PAC. WinRed recently punched back by filing…

  3. Drug & Device Law

    Testing, One, Two, Three….

    By Bexis

    The Ninth Circuit recently answered a preemption question that we had seen arise intermittently, mostly in food litigation, over the past couple of years.  Because the relevant preemption clause closely…

  4. Drug & Device Law

    More MDL Madness – Defeating Preemption with Made-Up “State Law” Claims

    By Bexis

    We’re not surprised by the preemption ruling in In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation, 2021 U.S. Dist. Lexis 100041 (D. Md. May…

  5. Mass Tort Defense

    Drug Claims Preempted – Lack of Newly Acquired Evidence

    By Sean Wajert

    Today's post looks at Rayes v. Novartis Pharms. Corp., No. EDCV21201JGBKKX, 2021 WL 2410677 (C.D. Cal. June 11, 2021), which contains an interesting discussion of an aspect of drug product preemption. …

  6. Drug & Device Law

    Zofran Preemption Victory – Entire MDL To Be Dismissed

    By Bexis

    We’re old enough that we remember the pre-Daubert Bendectin litigation.  Bendectin was the only FDA-approved drug indicated for nausea and vomiting from pregnancy.  Yellow journalism (the National Enquirer) and scientific…

  7. Beneficially Yours

    Ninth Circuit Rules – State Pension Mandate Not Preempted Even Though An Employer Chooses Not To Establish ERISA Plan

    By Seyfarth Shaw LLP

    By Liz Deckman and Mark Casciari Seyfarth Synopsis:  The Court of Appeals for the Ninth Circuit has once again upheld against an ERISA preemption challenge, a State private sector benefits…

  8. Mass Tort Litigation Blog

    The Failed Roundup Gambit

    By Elizabeth Chamblee Burch

    *First published as Multidistrict Litigation and Bayer's Roundup Gambit in Westlaw Today/Reuters LegalBayer and the plaintiffs’ lawyers suing it over its popular weed killer, Roundup, are playing a high-stakes, billion-dollar…

  9. Drug & Device Law

    More Updates

    By Bexis

    This post is to update our readers about subsequent developments in matters covered in some of our prior blogposts. First, slightly over a year ago we praised Gayle v. Pfizer,…

  10. Drug & Device Law

    Zantac Chronicles IV – The Preponderance of Preemption

    By Bexis

    The first three significant Zantac MDL decisions, which we chronicled here, here, and here, were all issued on December 31, 2020.  Today’s installment, In re Zantac (Ranitidine) Products Liability Litigation,…