Topic
Preemption
1,720 published works
Drug & Device Law
CARES Act Dooms Claim Targeting the Marketing of “Infant” Acetaminophen
Today’s post is a report on Jazmine Harris v. Topco Associates, LLC, ___ F. Supp.3d ___, 2021 WL 1885981 (N.D. Ill. May 11, 2021), which dismissed on preemption grounds a…
Drug & Device Law
FDA Safe Harbor Does Not Bar Cat Food Class Action
Pet owners are among this blog’s readers (and writers) so every once in a while we check in on the law governing drugs used to treat animals. Yes, such drugs…
PrawfsBlawg
Oral arguments
Main Thursday, May 06, 2021Oral argumentsWith the exams about over, I come to my favorite days of the semester today and tomorrow: Oral Arguments in my Fed Courts and Civil…
Drug & Device Law
A Defense-Friendly Take on Albrecht
This blog has discussed Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019), and its progeny on multiple occasions. We provided a quick take when Albrecht was…
Financial Services Perspectives
Mississippi Joins the Anti-Preemption Parade
By Keith S. Anderson, R. Aaron Chastain
The Mississippi Supreme Court recently rejected federal preemption arguments relating to federally owned student loans. This follows other preemption rulings, as we’ve discussed here and here. Mississippi’s attorney general filed…
Drug & Device Law
If at First You Don’t Succeed – Incretin Edition
By Bexis
When last we tuned into the In re Incretin-Based Therapies (“Incretin”) multi-district litigation, the Ninth Circuit had just undone a preemption-based dismissal – but only on procedural grounds. As we…
Drug & Device Law
E.D. Arkansas Dismisses Essure Claims
Ray Charles’s musical threat of “tell your Ma, tell your Pa, gonna send you back to Arkansas” doesn’t sound so bad to us after reading Green v. Bayer Corp., 2021…
Drug & Device Law
N.D. Alabama Delivers One-Two Punch – Part Two
Last week we posted about the Daubert decision in Lowery v. Sanofi-Aventis LLC, that tossed out both plaintiff’s medical causation expert and FDA expert. As promised, that was just the…
Data Privacy + Cybersecurity Insider
Collaboration Among Drone Industry, Town, and State Government to Preempt Local Ordinance
This week the Pennsylvania Drone Association, the Pittsburgh Drone Masters, and Allegheny County worked together to address Allegheny County Code § 650-2(A), which prohibits the operation of drones in areas…
On Brief: Iowa's Appellate Blog
Iowa Supreme Court opinions expected in three cases Friday
By Rox Laird
The Iowa Supreme Court is expected to release opinions in three cases Friday, March 5. Below are On Brief’s previously published summaries of the cases. Go to On Brief’s Cases…