Topic
Preemption
1,722 published works
Drug & Device Law
Perhaps Another Supreme Court Preemption Case?
By Bexis
It hasn’t happened yet, but just as the Supreme Court originally did with Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019), the Court issued an…
Employee Benefits Blog
The Art of Using Preemption to Defend Wage-and-Hour Cases
Preemption technically means situations where federal law displaces state law: a function of the supremacy clause of the US Constitution. Often, lawyers speak of preemption even where it is one…
Drug & Device Law
Welcome to the Preemption Family
If preemption had a family tree, the drug and device branch would be heavy. And, as our scorecards and cheat sheets demonstrate, there are obvious sub-branches that sprouted out of…
Maine Appeals
When are declarations independent?
The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth, https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf. The facts are…
Drug & Device Law
Protein Shake Preemption
Of all the products regulated by the FDA, drugs and medical devices receive the most erratic preemption protection. Thank you, Levine, Lohr, and gibberings about CBEs, clear evidence, and parallel…
The Benefit of Benefits
CalSavers Moves to Dismiss Amended Complaint Challenging Program under ERISA
By Scott E. Galbreath, J.D., LL.M (Tax)
On April 11, 2019, the Howard Jarvis Taxpayer’s Association (HJTA) filed its amended complaint challenging the propriety of California’s new CalSavers retirement program after a federal district court dismissed its…
Litigation & Trial
Merck v. Albrecht: The Supreme Court Eviscerates Preemption In Branded Drug Lawsuits
On May 20, 2019, the United States Supreme Court decided Merck v. Albrecht (In re Fosamax), No. 17-290 (text version available here), destroying most of the arguments routinely used by…
Drug & Device Law
No Duty to Report to FDA in North Carolina, No “Parallel” Claim
We take every chance we can get to drive nails into the coffin of the Ninth Circuit’s spectacularly wrong opinion in Stengel v. Medtronic. That’s the case where the court…
Drug & Device Law
Artificial Intelligence Is No Threat to PMA Preemption
By Bexis
A week or so ago, Bloomberg Law published (behind a pay wall) an article entitled “Medical Device Makers May Risk Liability Following FDA Effort.” The Bloomberg article relied upon the…
Employment Class and Collective Action Update
Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers
By Sehreen Ladak, Hazel U. Poei
Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in…