Topic
Preemption
1,722 published works
Drug & Device Law
Third Circuit Rejects Failure to Report Claims
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 --,…
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…
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…
Drug & Device Law
Buckman Preemption Fatal to Claim for Violation of the FDCA in IVC Filter Case
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…
Wage & Hour - Developments & Highlights
Preemption Defense in FLSA Class Actions: Magic Bullet? Maybe/Maybe Not
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…
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…
Drug & Device Law
Better Late Than Never – Risperdal Plaintiff Verdict Tossed Out
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…
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…
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…
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…