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Preemption

1,722 published works

  1. Drug & Device Law

    First Circuit Eye Drop Decision Gets Preemption Right

    By Bexis

    We confess – when we first considered the spate of eye drop class actions a few years ago, we had trouble taking them seriously.  It was tough to get excited…

  2. Drug & Device Law

    Brand Drug Preemption Shuts Down Plavix Litigation in New York State Court

    By Michelle Yeary

    On the same day the Seventh Circuit overturned the verdict in Dolin v. GSK, the court handling the coordinated New York state court Plavix Litigation dismissed the claims of all…

  3. Drug & Device Law

    Taking Out the Laundry With TwIqbal

    By Bexis

    In medical device product liability cases to which preemption by reason of FDA pre-market approval (“PMA”) applies, courts have consistently misinterpreted the Supreme Court’s dictum in Riegel v. Medtronic, Inc.,…

  4. Drug & Device Law

    Kavanaugh on Preemption

    By Bexis

    When Justice Gorsuch was first nominated for the Supreme Court, we took a look at his preemption decisions and were favorably impressed.  We’re doing the same thing today with respect…

  5. Drug & Device Law

    Revisiting a Classic

    By Michelle Yeary

    When we first looked at the decision for today’s post, we thought about comparing it to fan fiction. If you aren’t familiar with the term it is fiction stories written…

  6. California Employment Law Update

    Some California “Sanctuary State” Employer Obligations Are Struck Down

    By Tony Oncidi, Tracey Silver

    On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state…

  7. Drug & Device Law

    Sixth Circuit Finds Failure to Distribute Medication Guide Claim Preempted

    By Michelle Yeary

    Being that it was the Sixth Circuit that allowed a failure-to-update claim to proceed against a generic manufacturer, when we got the recent decision in McDaniel v. Upsher-Smith Labs, 2018…

  8. Drug & Device Law

    Breaking News – Supreme Court Grants Review in Fosamax Preemption Case

    By Bexis

    Today, on the last day of the United States Supreme Court’s 2018 Term, the Court issued an order granting review (“certiorari”) in Merck Sharp & Dohme Corp. v. Albrecht, No.…

  9. Drug & Device Law

    Federal Court Rules That 510(k) Clearance Relates To Safety And Effectiveness

    By Steven Boranian

    A myth that has regrettably gained some traction lately is that the FDA’s clearance of a medical device under the 510(k) substantial equivalence process is unrelated to safety and efficacy.…

  10. Drug & Device Law

    Most Claims Either Expressly or Impliedly Preempted in Breast Implant Decision out of the Northern District of Illinois

    By Rachel B. Weil

    Permit us to recount a recent travel misadventure, though whatever eventual connection we draw to today’s case will be specious at best. Last Friday, we traveled from Philadelphia to Hartford,…