Topic
Preemption
1,722 published works
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…
Drug & Device Law
Partial Preemption Win On Tenuous Claims
The order of operations can matter. Back in elementary school, you may have learned a mnemonic about somebody’s aunt to help you remember the right order for doing certain math…
Drug & Device Law
N.D. Ohio Preempts Some Opioid Claims (No, Not THAT Case)
The Covid-19 lockdown period is approaching the six-month mark, from mid-March to mid-September. Throughout the spring and summer we have been reading old novels with convoluted plots and surprise endings.…
Drug & Device Law
A Simple and Straightforward PMA Preemption Win
We love to read opinions that reach conclusions in a direct and precise manner (more so when we agree with the conclusion). There is a certain skill in using simple…
Libation Law Blog
Briefing complete in distiller’s state food safety vs. federal regulatory allowance preemption suit over grains of paradise used in Bacardi’s Bombay Sapphire gin. Bonus: we’ve got the briefs for you.
A beef in Florida over an ancient state food purity law’s right to beat out a federal regulation allowing the banned ingredient (grains of paradise) is coming to an appellate…
Drug & Device Law
Preemption Perfection
Sometimes we write on issues for peculiar reasons. Today, for example, a case on a certain topic caught our eye because of its catchy name: Clark v. Perfect Bar. So…
Drug & Device Law
Short And Sweet Preemption Decision
Long ago, when we first started representing the makers of prescription pharmaceuticals, it was said that people did not tend to sue over life-saving medications. Contraceptives, pain medications, obesity medications,…
Drug & Device Law
W.D. Louisiana Again Holds That Gadolinium Claims are Preempted
As we round the clubhouse turn and head into the home stretch of this annus horribilis, our nominee for the word of 2020 is “doom-scrolling.“ We’ve sacrificed entire nights of…
Health Law
Podcast: ERISA Preemption of State PBM Regulation
Payers, Providers, and Patients – Oh My! Is Crowell & Moring’s health care podcast, discussing legal and regulatory issues that affect health care entities’ in-house counsel, executives, and investors. In…
Drug & Device Law
New York Chantix Case: Great on Preemption, Not So Hot on “Failure to Test.”
Recently, largely related to the dubious pleasure of home ownership, we have had multiple occasions on which we were forced to shrug our shoulders and proclaim, “Nothing’s perfect.” To wit,…