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Preemption

1,722 published works

  1. Drug & Device Law

    Third Circuit Rejects Failure to Report Claims

    By Michelle Yeary

    Failure to warn claims premised on a failure to report incidents to a federal governing agency are preempted in the Third Circuit. Sikkelee v. Precision Airmotive Corporation, -- F.3d --,…

  2. Drug & Device Law

    Pennsylvania Preemption Win Now Final

    By Bexis

    A year and a half ago we celebrated a rare prescription drug preemption win in the Philadelphia County Court of Common Pleas.  Then the decision was appealed, and we held…

  3. Privacy and Cybersecurity

    The Senate Commerce Committee held a second hearing on consumer data privacy, this time with privacy advocates

    By Jon Washburn

    This past Wednesday, the Senate Commerce Committee held another hearing on consumer data privacy, this time giving voice to prominent privacy advocates. Previous testimony in September from leading technology businesses…

  4. Drug & Device Law

    Buckman Preemption Fatal to Claim for Violation of the FDCA in IVC Filter Case

    By Rachel B. Weil

    Next week, under pressure from the Drug and Device Law Lifelong Best Friend, we are participating in a “murder mystery dinner theatre” in the “conservatory” of a local cemetery.   (We…

  5. Wage & Hour - Developments & Highlights

    Preemption Defense in FLSA Class Actions:  Magic Bullet? Maybe/Maybe Not 

    By Fox Rothschild LLP

    When hit with a wage hour suit, class action or single, employers are well advised to look for a preemption argument, whether from a union contract (e.g. National Labor Relations…

  6. FinTech Update

    Federal Regulation of Virtual Currency and Digital Tokens: Preemption, Jurisdiction, and Clarity. But will States Push Back?

    By Divonne Smoyer, Le-el D. Sinai

    In September of this year, certain congressmen expressed their intention to preempt state regulation of virtual currency regulation.  Rep. Darren Soto (D-Fla.) expressed a need for “partial federal preemption” of…

  7. Drug & Device Law

    Better Late Than Never – Risperdal Plaintiff Verdict Tossed Out

    By Michelle Yeary

    We’ve written about a lot of Risperdal summary judgment wins. No medical causation, no warnings causation (learned intermediaries aware of risks), no alternative design, no fraud. So, when we see…

  8. Drug & Device Law

    Heck No, FDCA Violations Can’t Be Inferred Merely From Product Malfunctions

    By Bexis

    We recently commented on Sumpter v. Allergan, Inc., 2018 WL 4335519 (E.D. Mo. Sept. 11, 2018), for several reasons – all bad – but one stands out, the ruling that…

  9. California Employment Law Update

    Employer’s Future Attorneys’ Fees Should Be Considered In Connection With CAFA Amount-In-Controversy Requirement

    By Tony Oncidi

    Fritsch v. Swift Transp. Co. of Ariz., LLC, 899 F.3d 785 (9th Cir. 2018) At issue in this case is whether the district court erred in remanding an action to…

  10. Drug & Device Law

    Guest Post – Cell Phones, Immigration and Why Wyeth v. Levine Was Wrongly Decided on ‘Purposes and Objectives’ Obstacle Preemption

    By Bexis

    Today's guest post is by frequent contributor Dick Dean of the Tucker Ellis firm.  This time, Dick is sharing some insights on Wyeth v. Levine, 555 U.S. 555 (2009), which…