Topic
Preemption
1,722 published works
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,…
TortsProf Blog
USSC Clarifies “Clear Evidence” for Preemption
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…
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,…
Drug & Device Law
Washington Blocks Attempt to Dodge Generic Preemption Rules
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…
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
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…
Labor & Employment Law Blog
Deputy Lawyer; WGA Tries Preemption Route in ATA Dispute
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…
Workers’ Compensation Law Prof Blog
Are Tennessee Undocumented Workers Covered by Workers’ Compensation? It’s Complicated. . .
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…
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…
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…
Drug & Device Law
That’s The Way We Like It: Stroke Warnings Claims Preempted in Yaz Case Out of Eastern District of Tennessee
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,…