Topic
Preemption
1,722 published works
Credit Chronometer
Law360, “Federal Vs. State: The Fight To Regulate Student Loans”
Joseph Cioffi discusses the heavyweight fight brewing between federal and state authorities over whose rules should govern the servicing of student loans in his latest article published in Law360. In…
TortsProf Blog
Sharkey on Field Preemption
Cathy Sharkey has posted to SSRN Field Preemption: Opening the "Gates of Escape" from Tort Law. The abstract provides:Richard Epstein remains a (lone) staunch defender of field preemption of state…
Credit Chronometer
Federal Vs. State: The Fight To Regulate Student Loans
Joseph Cioffi’s article, “Federal Vs. State: The Fight To Regulate Student Loans,” was published in Law360. Click here to view the full article.
Drug & Device Law
When Parallel Claims Are Neither Claims Nor Parallel
This is not new. PMA devices should have broad preemption against product liability claims. Not just from the express preemption provisions of the MDA, but from attempts to get…
California Employment Law Update
Payments Made To Union Trust Fund Are Not Subject To California Wage Statement Law
By Tony Oncidi
Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018) Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California…
Consumer Finance Monitor
Education Dept. says state student loan servicing laws are preempted
In response to the wave of new state student loan servicing laws and enforcement activity, the U.S. Department of Education has published an interpretation emphasizing that the Higher Education Act…
Drug & Device Law
Finding A Buckman Gem
At times, we have given a glimpse into the sausage making that goes into our production of posts on recent interesting cases and developments. Part of the process involves standing…
Drug & Device Law
Third Time Not Quite the Charm
This post is from the non-Reed Smith side of the blog. We’ve posted on two other occasions about the Shuker v. Smith & Nephew case as the Eastern District of…
Drug & Device Law
“A” Is For Preemption
The Seventh Circuit taught us recently that the letter “A” is a powerful thing. Of course, we already knew that a well-placed A can convert the ordinary (“typical”) into the…
Drug & Device Law
Certification to Utah Supremes on Whether Comment K Applies to Medical Devices – Part 2
Last weekend we returned to Utah, one of the most beautiful states in the USA. Over the years we had taken in the polite delights of Salt Lake City, the…