Topic
Preemption
1,722 published works
Drug & Device Law
Georgia Court Makes Short Work of PMA Medical Device Case
This post is from the non-Reed Smith side of the blog. It’s not a long decision – but there’s still a lot to it. Maybe that’s because there wasn’t a…
PURPA and Distributed Energy Resources Blog
Preemptable State Laws and Regulations: The Failure to Challenge Can Have Adverse Impacts
By Jennifer Key
It is somewhat common for a utility to determine not to challenge a new rule on power purchases issued by its state commission that is clearly in violation of PURPA…
Drug & Device Law
Preemption After Albrecht – Retiring “Most Favorable” Factual Review
By Bexis
Bexis is updating the preemption chapter of his prescription medical product liability treatise, and with Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019), being so…
Mass Tort Litigation Blog
Douglas Smith on a Shift in the Preemption Landscape
By Byron Stier
Douglas Smith (Kirkland & Ellis LLP) has posted to SSRN his article, A Shift in the Preemption Landscape?, Tenn. L. Rev. (forthcoming). Here is the abstract:This article discusses the Supreme Court's…
Drug & Device Law
Silicone Implant Defendants Prevail on Fraudulent Joinder and Preemption
Offhand, we cannot think of opinions we have blogged on that pleased us more than today’s cases, Jacob v. Mentor Worldwide, LLC, et al., 2019 WL 3500325 (C.D. Cal. Aug.…
Drug & Device Law
FDCA-Based California Case Preempted As Private Enforcement
By Bexis
In a significant preemption decision clipping the wings of California consumer protection plaintiffs, two identical decisions: Borchenko v. L‘Oreal USA, Inc., ___ F. Supp.3d ___, 2019 WL 3315288 (C.D. Cal.…
Green Building Law Update
State Law Trumps on Location of Solar Panels
There will be a brief hiatus in regular blog posts during the month of August. I am in Peru walking slowly up the very big hill that is Siula Grande…
Drug & Device Law
Will Agency Deference Ruling Affect Preemption?
By Bexis
We might not have even read the Supreme Court’s recent – and long and convoluted − agency deference decision, Kisor v. Wilkie, ___ S. Ct. ___, 2019 WL 2605554 (U.S.…
Drug & Device Law
D. Kansas Stays Discovery in Breast Implant Case Because of Pending PMA Preemption Motion
We like preemption and we dislike expensive discovery. In Gale v. Mentor Worldwide, LLC, 2019 WL 2567790 (D. Kansas June 21, 2019), the court felt the same way we do,…
Land Use Prof Blog
West Virginia Law Review Symposium RFP
The West Virginia Law Review invites you to participate in its annual legal Symposium issue (February 27-28, 2020). This year, the United States’s fourth oldest law review will be highlighting…