Topic
Preemption
1,722 published works
Drug & Device Law
SDNY Dismisses Contraceptive Case on Grounds of Preemption and Failure to Plead Fraud
We are not surprised that some readers dissented from our judgment last week that the Billions series is trash, albeit fun trash. We should be accustomed to this sort of…
Larkin Hoffman Employment & Labor Law Blog
Minnesota Supreme Court Holds Minneapolis Paid Sick and Safe Time Ordinance Applies to Employers Outside of Minneapolis
On June 10, 2020, the Minnesota Supreme Court issued a decision affirming the Court of Appeals and upholding the determination that the Minneapolis Paid Sick and Safe Time Ordinance (“Ordinance”)…
Drug & Device Law
Not Every Label Change is a CBE Label Change
This has been an important concept in the gadolinium litigation and it delivered another preemption win in Javens v. GE Healthcare Inc., 2020 WL 2783581 (D. Del. May 29, 2020). …
TortsProf Blog
Moreland on Preemption as Inverse Negligence Per Se
Michael Moreland has posted to SSRN Preemption as Inverse Negligence Per Se. The abstract provides:Once the question of whether federal law preempts state tort law has been raised, it does not…
Drug & Device Law
California Appellate Court is Preemption Party Pooper
Two and half years ago we posted about a favorable California Superior Court ruling in the Risperdal and Invega Product Liability Cases litigation finding plaintiffs’ claims were preempted because there…
Drug & Device Law
On Newly Acquired Information
By Bexis
We’ve noticed quite a few prescription drug preemption decisions lately involving “newly acquired information.” That’s because the Supreme Court doubled down in Merck Sharp & Dohme Corp. v. Albrecht, 139…
Drug & Device Law
Post-Albrecht Preemption Persistently Pummels Pradaxa Plaintiffs
By Bexis
Not long ago, in our “Post-Albrecht Preemption Pummels Pradaxa Plaintiffs” post we discussed several recent favorable preemption decisions in product liability litigation involving that drug: Ridings v. Maurice, ___ F.…
Drug & Device Law
Preemption and Second-Guessing FDA Classifications
By Bexis
The “fraud on the FDA” claim that the Supreme Court held preempted in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), was actually the most extreme form of…
Drug & Device Law
California Lotion Class Action Slides into Federal Preemption
Are moisturizing lotions cosmetics or drugs? They say on TV that lotions “lift and moisturize,” but does that move them into the “Drug” column of the “Food Drug and Cosmetic”…
Drug & Device Law
Post-Albrecht Preemption Pummels Pradaxa Plaintiffs
By Bexis
Two of longest recent entries in our Post-Levine Drug/Vaccine Preemption Cheat Sheet are Pradaxa wins. Adkins v. Boehringer Ingelheim Pharmaceuticals, Inc., slip op., 2020 WL 1704646 (Conn. Super. March 13,…