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Preemption

1,722 published works

  1. Drug & Device Law

    D. Conn. Sees Through Contact Lens Lawsuit

    By Stephen McConnell

     Personal jurisdiction seems to be the defense tool du jour in mass torts. The Bauman and BMS SCOTUS cases brought a new dawn. But let’s not forget the biggest…

  2. Financial Services Perspectives

    Misrepresentation Claims Not Preempted: Eleventh Circuit Rules Against Preemption in Student Loan Case

    By Keith S. Anderson, R. Aaron Chastain, Grant A. Premo

    As we’ve been tracking for over a year now, courts across the country have addressed the significant question of whether the federal laws governing federally owned or guaranteed student loans…

  3. Drug & Device Law

    Delaware Court Dismisses Diabetes Drug Case

    By Stephen McConnell

    Some states seem stronger on FDA preemption than SCOTUS was in the Wyeth v. Levine decision. For example, Michigan, New Jersey, and Texas prevent or limit the ability of plaintiffs…

  4. The Benefit of Benefits

    No Fooling HJTA Appeals Dismissal Of CalSavers Preemption Decision

    By Scott E. Galbreath, J.D., LL.M (Tax)

    On April 1, 2020, the Howard Jarvis Taxpayers Association filed a Notice Of Appeal with the United States District Court for the Eastern District of California, indicating that it is…

  5. Drug & Device Law

    Breast Implant Preemption (the Sequel)

    By Stephen McConnell

    Last week we discussed the Jacob v. Mentor Worldwide, LLC case, in which a pro se plaintiff alleged injuries from breast implants and complained that the manufacturer had inadequately warned…

  6. Drug & Device Law

    M.D. Fla. Holds Breast Implant Claims Preempted

    By Stephen McConnell

    No writer made as strong an impression on us in high school as Albert Camus. The opening of The Stranger is arresting: “Mother died today. Or maybe it was yesterday,…

  7. PrawfsBlawg

    JOTWELL: Mulligan on Rubenstein on federal common law

    By prawfsblawg@gmail.com

    Main Monday, March 23, 2020JOTWELL: Mulligan on Rubenstein on federal common lawThe new Courts Law essay comes from Lumen Mulligan (Kansas), reviewing David. S. Rubenstein, Supremacy, Inc. (UCLA L. Rev.,…

  8. Drug & Device Law

    Preemption (and Some Other) Lessons from Amiodarone Litigation

    By Bexis

    The advent of generic preemption in PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011) (“Mensing”), and Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. 472 (2013) (“Bartlett”), left plaintiffs who took…

  9. Drug & Device Law

    Guest Post – The Supreme Court Addresses Purposes and Objectives Preemption in a Surprising New Context

    By Bexis

    Today's guest post is by Tucker Ellis' Dick Dean, a longtime friend of the blog and our most prolific non-Reed Smith guest blogger.  This post is a follow-on to the…

  10. Drug & Device Law

    A Couple of Things

    By Bexis

    Here are a couple of things that happened recently (and no, we don't mean a travel ban on Europe or the NBA cancelling the rest of its season).  They’re not…