Topic
Preemption
1,721 published works
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…
Drug & Device Law
No Pennsylvania Duty To Send “Dear Healthcare Provider” Letters
By Bexis
In a significant, albeit unpublished, decision, an intermediate appellate court in Pennsylvania has ruled that there is no recognized Pennsylvania common-law “duty” for prescription medical product manufacturers to send Dear…
Drug & Device Law
Guest Post – Plaintiff’s Pyrrhic Pradaxa Victory Vanquished
By Bexis
Today we have another guest post from friend-of-the-Blog, Dick Dean at Tucker Ellis. He's familiar with the ongoing Pradaxa litigation and is pleased with the preemption pummeling Pradaxa plaintiffs have…
Consumer Finance Monitor
Maine federal district court rules FCRA preempts 2019 amendments to state’s credit reporting law
A Maine federal district court ruled that that two 2019 amendments to Maine’s credit reporting law are preempted by the federal Fair Credit Reporting Act and granted the motion for…
Drug & Device Law
The Other Independence Principle In Preemption
A great woman once said “When they go low, we go high.” Apropos of nothing in particular these days, we have been thinking about the issue of tone recently. For…
Drug & Device Law
N.D. Georgia Holds that Pradaxa Claims are Preempted
Lyons v. Boehringer Ingelheim Pharmaceuticals, Inc., 2020 WL 5835125 (N.D. Ga. Sept. 29, 2020), was a wrongful death action alleging that the anticoagulant drug Pradaxa was defective and not accompanied…
Drug & Device Law
Barrett & Preemption − This Is Not a Long Blogpost
By Bexis
Like we did with Justices Gorsuch and Kavanaugh, when they were first nominated, we took a look at Judge Amy Coney Barrett’s record on preemption. There wasn’t much. She’s authored…
Health Law Prof Blog
Preemption, Public Health, and Equity in the Time of COVID-19
Kim Haddow, Derek Carr, Derek Carr, Sabrina Adler, Preemption, Public Health, and Equity in the Time of COVID-19, Assessing Legal Responses to COVID-19. Boston: Public Health Law Watch (2020)Preemption is…
Drug & Device Law
We Repeat – No Second-Guessing the FDA
By Bexis
Not too long ago we researched and posted about how preemption precludes private plaintiffs from second-guessing FDA decisions on the marketing and classification of the products the Agency regulates. Looking…
Drug & Device Law
The Tide Rolls on: Yet Another Decision Preempting Breast Implant Claims
We slipped our summer vacation in just before summer slipped away. Last week, we walked the rocky shores of Cape Cod, ate lobstah rolls the size of trolley cars, and…