Topic
Preemption
1,720 published works
Drug & Device Law
Following up on a Recent Bottom Ten Decision
By Bexis
Late last year we awarded our #10 spot on our Worst of 2020 post to In re Valsartan, Losartan, & Irbesartan Products Liability Litigation, 2020 WL 7418006 (D.N.J. Dec. 18,…
Drug & Device Law
Newly Acquired Precedent on Newly Acquired Information
By Bexis
Particularly since Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019), we have written numerous posts about preemption and “newly acquired information” in prescription drug product…
Employment & Labor
D.N.J. Rejects Plaintiff’s Fee Request In Connection With State Court Remand Of Action Removed Under ERISA, Scaling Back Earlier Charge That Defendant’s Removal Was Nonsensical
By Greg Bennici
In 2010, Chief Justice John Roberts observed that that ERISA is “an enormously complex and detailed statute.” Conkright v. Frommert, 559 U.S. 506, 509 (2010). Some things don’t change. A…
Workers’ Compensation Law Prof Blog
Will Covid Federal Civil Immunity Preempt California OSHA Covid Rules?
UPDATE: Some folks are telling me that liability immunity is being pulled from the table. I hope that is true, but let's just say I'm not taking this post down…
Drug & Device Law
Guest Post – Will the Supreme Court Reverse Wyeth v. Levine?
By Bexis
We have another guest post by friend-of-the-blog, Dick Dean of Tucker Ellis, along with his associate, Emmanuel Sanders. This post speculates on whether recent personnel changes on the United States…
Paul W. Mollica Federal Courts Blog
County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit
In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that…
Drug & Device Law
TwIqbal in Third Circuit “Parallel Claim” Preemption Cases
By Bexis
Perhaps the biggest conflict among the circuits in PMA preemption cases involves the extent to which plaintiffs can get away with pleading essentially nothing to support supposed “parallel” violation claims,…
Drug & Device Law
A Couple New Buckman Applications
By Bexis
Earlier this year we discussed the application of Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), to a variety of private litigation that sought to second-guess the FDA’s…
Drug & Device Law
District of Minnesota Says Maybe to Failure to Update Claim
We have expressed our opinion on “failure to update” claims and have not hidden that we don’t think much of them. Failure to update claims were manufactured by plaintiffs in…
Drug & Device Law
Kentucky’s Mammoth Cave-In on IDE Preemption
By Bexis
It’s not unusual for us to disagree with a decision from a state’s highest court. Indeed, we did so vehemently not long ago with a decision by the Pennsylvania Supreme…