Topic
Preemption
1,722 published works
Workers’ Compensation Law Prof Blog
No Reimbursement for Medical Marijuana in Maine Workers’ Compensation and a Subtle Connection to Undocumented Workers
As a Maine workers’ compensation lawyer, I was interested to read the Maine Supreme Judicial Court’s just-issued opinion in Gaetan Bourgoin v. Twin Rivers Paper Co. In the opinion, the…
Drug & Device Law
Guest Post – Generically Speaking – “Sameness” Creates Sanctuary From State Law Liability
By Bexis
Today's guest post is by Reed Smith associate Devin Griffin. It's about preemption in a generic drug case, something that has become so routine that, other than add cases to our…
Drug & Device Law
Still No Causation, Still No “Parallel Claim”
We have made it no secret that we think the Ninth Circuit wrongly decided Stengel v. Medtronic. That is the case where the Ninth Circuit reversed express preemption of claims…
Workers’ Compensation Law Prof Blog
After Air Ambulance Preemption III: Connections to ERISA Preemption
This, the third installment of my air ambulance series—see the other entries here, and here, is a preemption discussion. I’m sorry to inflict it upon you. Feel free to email…
Drug & Device Law
Breaking News – Solicitor General Recommends Grant and Reversal in Fosamax Appeal
By Bexis
We immediately called for the further appeal and reversal of the hideous decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 852 F.3d 268 (3d Cir. 2017). However, we’re…
Workers’ Compensation Law Prof Blog
After Air Ambulance Preemption II: No, General Health Insurance Won’t Pick Up the Tab (and a Couple of Additional Points)
As I mentioned in my last post (immediately preceding this post), Wyoming is arguing, in EagleMed, that if the state’s workers’ compensation division fails to pick up some, or all,…
PrawfsBlawg
Loose Language in Murphy versus Deep Structure in McCulloch
Main Friday, May 18, 2018Loose Language in Murphy versus Deep Structure in McCullochOver the last couple of days, there has been an interesting pop-up symposium between Daniel Hemel, Ilya Somin,…
PrawfsBlawg
Murphy v. NCAA’s Escape from Baseline Hell
Main Wednesday, May 16, 2018Murphy v. NCAA’s Escape from Baseline HellJustice Alito’s opinion in Murphy v. NCAA is not elegant. But it does the trick: With the good ol’ “Direct”/“Indirect”…
Drug & Device Law
Ensuring That the Presumption Against Express Preemption Stays Dead
By Bexis
Not quite two years ago, the United States Supreme Court did something that we liked a lot – it abolished the so-called “presumption against preemption” in express preemption cases. It…
Consumer Financial Services Review
OCC Files Amicus in Ninth Circuit Preemption Case
By Reginald Goeke, Steven M. Kaplan, Lucia Nale, Matt Waring
The US Court of Appeals for the Ninth Circuit’s recent decision in Lusnak v. Bank of America, N.A.—holding that the National Bank Act did not preempt a California law requiring…