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Preemption

1,722 published works

  1. Drug & Device Law

    SDNY Dismisses Contraceptive Case on Grounds of Preemption and Failure to Plead Fraud

    By Stephen McConnell

    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…

  2. Larkin Hoffman Employment & Labor Law Blog

    Minnesota Supreme Court Holds Minneapolis Paid Sick and Safe Time Ordinance Applies to Employers Outside of Minneapolis

    By Sarah Greening

    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”)…

  3. Drug & Device Law

    Not Every Label Change is a CBE Label Change

    By Michelle Yeary

    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). …

  4. TortsProf Blog

    Moreland on Preemption as Inverse Negligence Per Se

    By Christopher Robinette

    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…

  5. Drug & Device Law

    California Appellate Court is Preemption Party Pooper

    By Michelle Yeary

    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…

  6. 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…

  7. 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.…

  8. 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…

  9. Drug & Device Law

    California Lotion Class Action Slides into Federal Preemption

    By Steven Boranian

    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”…

  10. 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,…