Topic
Preemption
1,722 published works
Drug & Device Law
Guest Post – Illinois Court Rejects Novel Claims Alleging Deficiencies In Post-Approval Studies
By Bexis
Today we have a guest post from Reed Smith's Elizabeth Minerd discussing a PMA preemption case dealing with unusual "parallel claim" allegations involving the conduct of clinical trials. As always…
Long Island Land Use and Zoning
Oh Deer! Local Hunting Laws and New York State Preemption Doctrine
In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet…
Drug & Device Law
The F-word and Preemption
There are plenty of f-words in this post, but fear not, for they are all fully capable of traveling in polite company. Most are even family-friendly. The most tasty f-word…
The Fiduciary Litigator
Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act
In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January…
Constitutional Law Prof Blog
Daily Read: Marijuana, Federalism, and Preemption
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a Memorandum on January 4, Attorney General Jeff Sessions has rescinded previous Department of Justice instructions to United…
Biosimilars Law Bulletin
Federal Biosimilars Act Preempts State Law
On December 14, 2017, the Federal Circuit issued an opinion in Amgen v. Sandoz,[i] holding that the Biologics Price Competition and Innovation Act of 2009 (“BPCIA,” the “Act”) preempts state…
Drug & Device Law
Inauspicious Debut for Depakote Plaintiffs’ First Amendment Argument
By Bexis
We’ve been aware of the other side attempting to construct a First Amendment counter-argument to our preemption defense for some time. It first cropped up in a 2015 360 article…
Drug & Device Law
Ninth Circuit Undoes Incretin Implied Preemption Ruling – For Now
We reported two weeks ago on an order favoring implied preemption in an innovator prescription drug case coming out of the Eliquis MDL in New York. One week after that…
Drug & Device Law
Guest Post: Christmas Came Early on December 8 – Favorable Developments in Fosamax & Accutane Litigation
By Bexis
This guest post is by Kevin Hara, an associate at Reed Smith and relatively frequent contributor to the Blog. Here, he discusses two recent favorable procedural developments in further appeals…
Drug & Device Law
Still No “Newly Acquired Information,” Eliquis Claims Still Preempted
The defendants in the Eliquis MDL have turned somewhat of a preemption hat trick. The latest order is In re Eliquis (Apixaban) Prods. Liab. Litig., No 17-md-2754 (S.D.N.Y. Nov. 29,…