Topic
Preemption
1,720 published works
Drug & Device Law
Zantac Chronicles III – The Persistence of Preemption
By Bexis
In the third of the three significant decisions issued in the In re Zantac MDL, No. 2924, on New Year’s Eve, preemption prevailed again – this time barring claims asserted…
Drug & Device Law
Zantac Chronicles II – The Prevalence of Preemption
By Bexis
Another of the recent significant decisions from the In re Zantac MDL, No. 2924, addressed preemption – mostly but not entirely involving defendants who manufactured generic versions of the drug. …
Libation Law Blog
Here’s the oral argument audio in the Bacardi grains of paradise preemption case.
You can read about this case in our previous posts on it here, and here. A consumer brought suit against Bacardi based on a 150-year-old law on Florida’s books regarding…
Drug & Device Law
Ninth Circuit Affirms Breast Implant Dismissals
Approximately 18 months ago we reported on C.D. California cases that silicone breast implant defendants managed to keep in federal court and then get dismissed with prejudice. We expressed delight…
Mass Tort Defense
Pleading Causation in a Medical Device Case
By Sean Wajert
Massachusetts' highest court issued an interesting decision regarding pleading requirements and the causation element in a device case See Dunn v. Genzyme Corp., No. SJC-12904 (Sup. Jud. Ct. Mass. 1/29/21).…
Drug & Device Law
Pleading Preemption As A Defense In A Privacy Class Action
Critics have been known to accuse us of being too hard on product liability plaintiffs and too forgiving of defendants who develop medical products. We all have our biases, especially…
Drug & Device Law
Preemption Again Defeats Breast Implant Claims
By Bexis
We praised Brooks v. Mentor Worldwide, LLC, 2019 WL 4628264 (D. Kan. Sept. 23, 2019), when it was first decided, as “checking all the boxes.” Last week the Tenth Circuit…
Drug & Device Law
Ninth Circuit Upholds Preemption Where Defendants Followed the Rules
Sometimes it really is as easy as A, B, C or as simple as 1, 2, 3. Where the FDA has set specific rules for the type of labeling claims…
Privacy World
Sorry, Charlie: Federal Court Rejects FCRA Preemption as Basis for Removal
By Kristin Bryan, Angelo Carosio
For data privacy litigations filed in state court, one strategic option that should be considered by defense counsel is whether the case can (and should) be removed to federal court. …
Drug & Device Law
How the Other Side Views Albrecht
By Bexis
We recently came across the law review article, E. Lindenfeld, “Clear Evidence Clarified,” 75 Food & Drug L.J. 346 (2020). Since it cited and critiqued a number of our blogposts,…