Topic
Preemption
1,722 published works
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…
California Employment Law Update
California’s “Request Arbitration, Go to Jail” Law is Blocked Until at Least January 10, 2020
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…
Drug & Device Law
The Manufacturing Defect Claim Conundrum
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…
@theBar
The Power of Preemption in BIPA Cases
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…
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…
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…
Drug & Device Law
District of Nevada Dismisses Gadolinium Claim, Albeit Without Prejudice, on Personal Jurisdiction and Preemption Grounds
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…
Drug & Device Law
What a Difference a Year Makes (Or Not)
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…
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. …
Drug & Device Law
Illinois Court Applies Mensing/Bartlett to Generic OTC Drug
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…