Topic
Preemption
1,722 published works
Drug & Device Law
Johnson v. Monsanto – Even a Hostile Court Can’t Entirely Deny Preemption
By Bexis
One of the cases we follow closely, with daily searches, is Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019). It’s an implied preemption case, so…
PrawfsBlawg
Rethinking Preemption
Main Thursday, July 23, 2020Rethinking PreemptionIn my work on Bushrod Washington, I came across an interesting nugget regarding statutory preemption claims. Back then, if a federal statute was in conflict…
Drug & Device Law
Westward – No!
By Bexis
The recent decision in Mize v. Mentor Worldwide LLC, ___ Cal. Rptr.3d ___, 2020 WL 3602482 (Cal. App. July 2, 2020), demonstrates why California courts – particularly state courts –…
Drug & Device Law
E-Gads – A Bad Gadolinium Preemption Case
We haven’t see too many of these. The reason for that is the gadolinium litigation is practically a textbook example of where federal law ought to preempt state-law product liability…
Labor Law Prof Blog
Zelinsky on Narrowing ERISA Premption
Edward Zelinsky (Cardozo) has posted on SSRN CalSavers and ERISA Redux: The District Court’s Second Opinion in Howard Jarvis Taxpayers Association v. The California Secure Choice Retirement Savings Program, New…
Drug & Device Law
The Second Circuit Puts the Lotion Claim in the Preemption Basket
Why does that last half-inch of conditioner seem to last as long as the entire rest of the bottle? This question is merely the philosophical beginning of our morning ablutions.…
Workers’ Compensation Law Prof Blog
Texas Supreme Court Rules Air Ambulance Rates Regulable by Texas Workers’ Compensation Law
Contrary to all prior Federal circuit courts that have decided the question, the Texas Supreme Court, in Texas Mut. Ins. Co. v. PHI Air Medical, LLC, 2020 WL 3477002, has…
Drug & Device Law
Guest Post – E-Gads, Once Again Preemption Prevails In Gadolinium Contrast Litigation
By Bexis
Here's another guest post by Reed Smith's Dean Balaes. This one looks into a major (but not too recent) post-Albrecht drug preemption case. Can't have too many of those! As…
IP Update
Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted
By Sarah Bro
In a non-precedential ruling, the US Court of Appeals for the Second Circuit affirmed the dismissal of a makeup artist’s lawsuit filed against a fashion photographer, finding the plaintiff’s state…
Drug & Device Law
Maryland Federal Court Holds Breast Implant Claims Preempted
This week we are pleased to report on yet another breast implant case in which a plaintiff’s effort to circumvent preemption failed. In Diodato v. Mentor Worldwide LLC, 2020 WL…