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Preemption

1,722 published works

  1. Drug & Device Law

    Seventh Circuit Finds Albrecht Did Not Create a New Rule of Preemption Law

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. It’s been a year and a half since we last talked about Dolin v. GlaxoSmithKline, which is when we…

  2. Alcohol Law Advisor

    Florida Federal District Court Rules GRAS Regulation Preempts Florida Statute Criminalizing Ingredient

    By Christopher M. Lahiff, Alva C. Mather

    In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized…

  3. Drug & Device Law

    S.D. Fla. Holds that Breast Implant Failure to Warn Claims are Preempted

    By Stephen McConnell

    In Tinkler v. Mentor Worldwide, LLC, 2019 WL 7291239 (S.D. Fla. Dec. 30, 2019), the plaintiff claimed that a breast implant leached chemicals into her tissue, causing a constellation of…

  4. Sentencing Law and Policy

    Split SCOTUS ruling concludes IRCA does not preempt state prosecution for identify theft for SSN fraud

    By Douglas Berman

    The Supreme Court handed down a criminal law ruling this morning in Kansas v. Garcia, No. 17-834 (S. Ct. March 3, 2020) (available here), that may ultimately interest federalism fans…

  5. California Employment Law Update

    Federal Court Strikes Down California’s “Request Arbitration, Go to Jail” Law

    By Tony Oncidi, Cole Lewis, Kate Gold

    On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration…

  6. Drug & Device Law

    Response/Rebuttal to Plaintiffs’ Albrecht Arguments

    By Bexis

    Not too long ago, our search keyed to Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019), picked up the following article in Trial Magazine:  Abaray &…

  7. Drug & Device Law

    New Jersey Gives PMA Medical Device Case the Cold Shoulder

    By Michelle Yeary

    t’s cold in New Jersey now.  At the time this post hits the blog, it will be about 20 degrees, real feel 15 degrees in most of New Jersey.  That’s…

  8. Workers’ Compensation Law Prof Blog

    ERISA Preemption Progeny Strike Again: Lower Federal Court Strikes AB-5 As Applied to Truck Drivers

    By WorkcompLawProf

    The California Trucking Association has temporarily carved out an exception to applying the ABC test to truck drivers in California, who will continue to be stripped of important rights regardless…

  9. The Benefit of Benefits

    One More ERISA Supreme Court Case But Also One Less

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

    The United States Supreme Court is busy with potential ERISA cases.  Having already accepted three ERISA cases for the current term (See, Supreme Court to Decide 3 Cases on Ability…

  10. Paid Sick Leave @ Work

    Paid Sick Leave Quarterly: 4Q 2019

    By Mike Soltis

    Challenges to the Michigan PSL law and Alabama preemption law were resolved during the last quarter. The PSL turbulence in Texas continues as we await a decision from the Texas…