Topic
Preemption
1,722 published works
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…
Drug & Device Law
Brand Drug Preemption Shuts Down Plavix Litigation in New York State Court
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…
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.,…
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…
Drug & Device Law
Revisiting a Classic
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…
California Employment Law Update
Some California “Sanctuary State” Employer Obligations Are Struck Down
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…
Drug & Device Law
Sixth Circuit Finds Failure to Distribute Medication Guide Claim Preempted
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…
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.…
Drug & Device Law
Federal Court Rules That 510(k) Clearance Relates To Safety And Effectiveness
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.…
Drug & Device Law
Most Claims Either Expressly or Impliedly Preempted in Breast Implant Decision out of the Northern District of Illinois
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,…