Topic
Preemption
1,722 published works
Drug & Device Law
Eleventh Circuit Affirms Preemption of HRT Complaint
Today is the birthday of Gilbert O’Sullivan, who scored a hit back in 1972 with “Alone Again, Naturally,” the saddest song we can think of this side of Albinoni’s Adagio. …
Drug & Device Law
Unavoidably Unsafe PMA Medical Devices
By Bexis
When it comes to design defect claims and FDA pre-market approved (“PMA”) medical devices, “preemption” is our reflexive reaction. That’s entirely reasonable, given the many decisions that preempt state-law design-related…
Drug & Device Law
PMA Preemption & Fraud by Omission/Concealment
By Bexis
As our PMA preemption scorecard makes clear, warning claims are preempted under Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), because the preemptive language, “different from or in addition to,”…
Drug & Device Law
Challenge to Original FDA Approved Warning Preempted
And it’s the start of another season of too much eating, drinking, shopping, and socializing. Sometimes it feels like a year’s worth cramped into a little over a month. And,…
Drug & Device Law
C.D. Cal. Excludes Three Plaintiff Experts in Breast Implant Case
It is not as if we are delighted to see efforts to resuscitate breast implant litigation, but we won’t groan when the rulings are as good as they are in…
Drug & Device Law
Non-News: Warnings Claims For A Generic Drug Preempted (Still)
We can be inundated with news. Old news. New news. Fake news. Breaking news. News that makes you want to break something. News that makes you want to go back…
Workforce Bulletin
Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws
By Susan Gross Sholinsky, Nancy Gunzenhauser Popper, Judah L. Rosenblatt
On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option…
Drug & Device Law
Turning A Lemon Into Lemonade
This post is from the non-Reed Smith side of the blog. Way back at the start of this year, we posted about a great preemption win on express warranty. Well,…
Drug & Device Law
Medtronic v. Lohr Has Two Shadows
By Bexis
For over fifty years, the BBC has been chronicling the exploits of that ultimate learned intermediary, Dr. Who. Over the decades, successive Doctors have crossed swords (or sonic screwdrivers) with…
Drug & Device Law
Preemption as a Mass Tort Talisman?
By Bexis
A talisman is something thought to protect whoever has it from evil or harm. In the old days a talisman might be something like garlic to ward off vampires or…