Topic
Preemption
1,720 published works
Drug & Device Law
D.N.J. Dismisses Drug Consumer Fraud Action on Preemption Grounds
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.…
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…
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…
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…
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. …
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…
Beneficially Yours
Ninth Circuit Rules – State Pension Mandate Not Preempted Even Though An Employer Chooses Not To Establish ERISA Plan
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…
Mass Tort Litigation Blog
The Failed Roundup Gambit
*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…
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,…
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,…