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Preemption

1,722 published works

  1. Drug & Device Law

    Reflections on Albrecht – What Preemption Being a “Legal Question” Might Mean

    By Bexis

    As we discussed in our “breaking news” post, the Supreme Court’s decision in Merck Sharp & Dohme Corp. v. Albrecht, ___ S. Ct. ___, 2019 WL 2166393 (U.S. May 20,…

  2. TortsProf Blog

    USSC Clarifies “Clear Evidence” for Preemption

    By Christopher Robinette

    Yesterday, in Merck Sharpe & Dohme v. Albrecht, the Court held that judges, not juries, should decide whether FDA actions preempt state tort suit alleging failure to warn.  The opinion explained…

  3. Drug & Device Law

    Yes, Virginia (Utah, Actually), There Is §510(k) Medical Device Preemption

    By Bexis

    We’ve explained at length why Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), is an anachronism with respect to preemption, given the complete overhaul that Congress gave to §510(k).  Still,…

  4. Drug & Device Law

    Washington Blocks Attempt to Dodge Generic Preemption Rules

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. This blogger is just returned from Ireland where we toured castles and abbeys, drove through amazing landscapes on tiny…

  5. PipelineLaw

    First Circuit Says No Statute of Limitations Defense to Natural Gas Act Preemption Claim; FERC’s Policy of Encouraging Cooperation with Localities Creates No Enforceable Duty

    By Arthur E. Schmalz

    In Algonquin Gas Transmission, LLC v. Weymouth Massachusetts, a First Circuit panel last month ruled that a statute of limitations defense is inapplicable to a Natural Gas Act (NGA) preemption…

  6. Labor & Employment Law Blog

    Deputy Lawyer; WGA Tries Preemption Route in ATA Dispute

    By Richard Kopenhefer

    The ongoing dispute between the Writers’ Guild of America (“WGA”) and the Association of Talent Agencies (“ATA”) took a new turn recently when the WGA announced that it would use…

  7. Workers’ Compensation Law Prof Blog

    Are Tennessee Undocumented Workers Covered by Workers’ Compensation? It’s Complicated. . .

    By WorkcompLawProf

    In a remarkable case just decided by the Tennessee Supreme Court, Sandoval v. Williamson, the Court concluded that a provision in the Tennessee Workers’ Compensation Act, “which does not allow…

  8. Drug & Device Law

    Breaking News − Defense Sweep In Eliquis MDL

    By Bexis

    We’ve blogged before about the substantive (preemption) and procedural (removal) aspects of the Eliquis MDL – both of which the defense seemed to be winning.  However, we cautioned in our…

  9. Immigration Blog

    U.S. Supreme Court to Decide If Immigration Law Preempts State Law Prosecution

    By Amy L. Peck, Michael H. Neifach, Jackson Lewis P.C.

    Please see our legal update on the issue of whether the Immigration Reform and Control Act (IRCA) preempts states from using information in Form I-9 to prosecute a person under…

  10. Drug & Device Law

    That’s The Way We Like It: Stroke Warnings Claims Preempted in Yaz Case Out of Eastern District of Tennessee

    By Rachel B. Weil

    We just returned from our annual “girl trip” to a lovely spa in the mountains of Pennsylvania. And we stared our decrepitude full in the face. For the first time,…