Topic
Preemption
1,722 published works
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…
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…
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…
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…
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…
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…
ImmigrationProf Blog
SCOTUS oral argument preview: Preemption of state identity-theft prosecutions of noncitizens
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…
Drug & Device Law
PMA Preemption Win That Checks All the Boxes
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…
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…
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…