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Preemption

1,722 published works

  1. Drug & Device Law

    FDA Generic Labeling Proposal – Six, Two, and Even, Over and Out

    By Bexis

    We opposed the FDA’s ill-advised 2013 proposal to revamp the process for changing generic drug labeling from the outset.  We had legal objections – that an FDA regulation could not…

  2. Drug & Device Law

    A Couple of MDL Ideas from the Recent ACI Drug/Device Conference

    By Bexis

    Late last month Bexis attended the annual ACI Drug and Medical Device Conference in New York.  In between helping to lead the discussion in the pre-conference Defense Counsel War Room…

  3. InsureReinsure

    NCOIL to Consider Resolution Asserting McCarran-Ferguson Reverse Preemption over the Supervision of Insurance

    By Troutman Pepper Locke

    When the National Council of Insurance Legislators (“NCOIL”) holds its Annual Meeting in Oklahoma City later this week, it will consider a proposed resolution entitled the “Resolution Asserting McCarran-Ferguson Reverse…

  4. Drug & Device Law

    Trying To Reheat A Turkey

    By Eric Alexander

    As we roll out of bed on the day after Thanksgiving, we are often confronted with contradictory thoughts. For instance, “why did I have that third plate at dinner?” might…

  5. Paid Sick Leave @ Work

    Austin Sick Time Ordinance Preempted, Appellate Court Rules

    By Mike Soltis

    The Austin Earned Sick Time Ordinance is unconstitutional because it is preempted by the Texas Minimum Wage Act (TMWA), the Texas Court of Appeals, Third District, ruled on Friday. A state…

  6. Environmental Law Prof Blog

    Memo to Environmentalists: Brace for the Three Ps

    By Environmental Law Prof

    Erin Ryan  is the Elizabeth C. & Claude W. Atkinson Professor at Florida State University College of Law This is the eleventh in a series of essays from the Environmental…

  7. Drug & Device Law

    Guest Post – Revisiting the Third Circuit’s Struggles With Design-Defect Preemption

    By Bexis

    Today we have another guest post by long-time friend of the blog, Dick Dean, and his colleague at Tucker, Ellis, Mike Ruttinger.  Regular readers will recall, that right after Sikkelee…

  8. Drug & Device Law

    Shameless Plug: Reed Smith Life Sciences CLE Day

    By Bexis

    Some of your favorite Drug and Device Law bloggers will be presenting at Reed Smith’s Life Sciences CLE Day, which will be presented live in Reed Smith’s Philadelphia office and…

  9. Drug & Device Law

    A Twist On The Old One-Two Punch

    By Eric Alexander

      Not terribly long ago, we had a series of posts—too many to link—that recounted court decisions rejecting efforts to impose liability on a generic manufacturer for the standard design…

  10. Plane-ly Spoken

    In the Third Circuit, Preemption Does Not Mean Preemption

    By Fox Rothschild LLP

    The United States Court of Appeals for the Third Circuit has once again considered whether state law tort claims based on defects in aviation products are preempted by federal law.…