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Preemption

1,722 published works

  1. Drug & Device Law

    Viewing Buckman as a Logical Contradiction Decision

    By Bexis

    As we mentioned in our recent Preemption Teaser post, last month’s concurrence in denial of certiorari in Lipschultz v. Charter Advanced Services (MN), LLC, ___ S. Ct. ___, 2019 WL…

  2. Drug & Device Law

    Supreme Court Preemption Teaser

    By Bexis

    It wasn’t an opinion, or a grant of certiorari, but it may be important nonetheless.  In a concurrence in the denial of certiorari the other day, Justices Thomas and Gorsuch…

  3. Drug & Device Law

    Redistribute This!

    By Bexis

    Back in 2012, we published our “Distribute This!” post about In re Fosamax (Alendronate Sodium) Products Liability Litigation (No. II), 2012 WL 181411 (D.N.J. Jan. 17, 2012), lauding its ruling…

  4. Drug & Device Law

    Shameless Plug: Reed Smith Life Sciences CLE Day

    By Bexis

    Reed Smith’s annual Life Sciences CLE Day will be presented this year, live in Reed Smith’s Philadelphia office and via videoconference to our Pittsburgh office on Thursday, November 7. This…

  5. Ogletree Deakins Insights

    False Alarm? The Practical Impact of AB 51, California’s New Anti-Arbitration Statute

    By ByChristopherC.Murray@ogletree.com, Danielle Ochs

    California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. But what is the practical impact of AB 51…

  6. Drug & Device Law

    Ninth Circuit Says “No” to Res Ipsa-Based Parallel Claims

    By Bexis

    In a significant PMA preemption win, the Ninth Circuit rejected a plaintiff’s attempt, in a breast implant case, to base a “parallel” violation claim on nothing more than a res…

  7. ImmigrationProf Blog

    SCOTUS oral argument preview: Preemption of state identity-theft prosecutions of noncitizens

    By immigrationprof

    Pratheepan Gulasekaram on Scotusblog provides a preview of the upcoming (October 16) oral argument ("Argument preview: Preemption of state identity-theft prosecutions of noncitizens") in Kansas v. Garcia.  The conclusion:"The outcome…

  8. Drug & Device Law

    PMA Preemption Win That Checks All the Boxes

    By Michelle Yeary

    Did you ever read something and think – I couldn’t have said it better myself.  Sometimes we read opinions that give us just that feeling.  A decision that ticks all…

  9. Drug & Device Law

    “Fully Informing” the FDA

    By Bexis

    One of the more peculiar things about Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019) (“Albrecht”), is the almost off-hand way that the majority (made…

  10. Supreme Court Update

    Wyeth v. Levine (06-1249), Summers v. Earth Island Institute (07-463), Negusie v. Holder (07-499) and order list

    By Kim Rinehart

    The Court issued three decisions and an Order List this week. The ruling garnering all the press came in Wyeth v. Levine (06-1249), which is being hailed as a victory…