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Preemption

1,722 published works

  1. Drug & Device Law

    The Only Common Issue Is Preemption

    By Bexis

    We had to shake our heads at the recent 360 story entitled, “Allergan Breast Implant Risk MDL Heading to New Jersey” – the link is here for those of you…

  2. California Employment Law Update

    California’s “Request Arbitration, Go to Jail” Law is Blocked Until at Least January 10, 2020

    By Tony Oncidi, Cole Lewis

    As we reported previously, the California legislature recently passed and Gov. Newsom signed into law Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees…

  3. Drug & Device Law

    The Manufacturing Defect Claim Conundrum

    By Eric Alexander

    If you have read more than a few posts on this Blog, then there is a good chance that you realize we have strong views on preemption. You might have…

  4. @theBar

    The Power of Preemption in BIPA Cases

    By Young Lawyers Section

    Post authored by Haley Jenkins In the hotly contested area of biometric privacy litigation, one buzzword keeps appearing: preemption. In an effort to avoid liability under the Illinois Biometric Information…

  5. Paid Sick Leave @ Work

    Challenge to Alabama Preemption Law Rejected

    By Mike Soltis

    The Eleventh Circuit Court of Appeals on Friday, in an en banc decision, rejected the challenge to Alabama’s minimum wage and employment benefits preemption law. The seven-judge majority held that…

  6. Wage & Hour Law Update

    Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage Laws

    By Thomas A. Davis, Tammy L. Baker, David T. Wiley

    In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the…

  7. Drug & Device Law

    District of Nevada Dismisses Gadolinium Claim, Albeit Without Prejudice, on Personal Jurisdiction and Preemption Grounds

    By Rachel B. Weil

    One slushy morning this week, we found ourselves searching for our favorite black duck boots.   We found one and put in on, then, after much rummaging in the dark recesses…

  8. Drug & Device Law

    What a Difference a Year Makes (Or Not)

    By Michelle Yeary

    As we approach the end of the year, we turn to reflecting on the events of the passing year.  We do it here on the DDL blog with our best…

  9. Drug & Device Law

    Another One for the A Fortiori File

    By Bexis

    Plaintiffs in (mostly) prescription drug cases have tried, with decreasing success, to limit the scope of implied impossibility preemption under the Mensing/Bartlett line of supreme court precedent to generic drugs. …

  10. Drug & Device Law

    Illinois Court Applies Mensing/Bartlett to Generic OTC Drug

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. If you know this blog, you know we leave no stone unturned when it comes to preemption.  As far…