Topic
Preemption
1,722 published works
Drug & Device Law
Seventh Circuit Finds Albrecht Did Not Create a New Rule of Preemption Law
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…
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…
Drug & Device Law
S.D. Fla. Holds that Breast Implant Failure to Warn Claims are Preempted
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…
Sentencing Law and Policy
Split SCOTUS ruling concludes IRCA does not preempt state prosecution for identify theft for SSN fraud
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…
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…
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 &…
Drug & Device Law
New Jersey Gives PMA Medical Device Case the Cold Shoulder
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…
Workers’ Compensation Law Prof Blog
ERISA Preemption Progeny Strike Again: Lower Federal Court Strikes AB-5 As Applied to Truck Drivers
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…
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…
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…