Topic
Preemption
1,722 published works
Drug & Device Law
Double Preemption Win in Amiodarone Litigation
By Bexis
With PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), and Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013), preemption arguments in cases involving generic prescription drugs has become…
Drug & Device Law
The Bank Rejects Fosamax Folly
Look what just fell into our lap. Our blogging about the favorable California Risperdal preemption decision last week shook loose from that same case a subsequent denial of reconsideration of…
California Employment Law
California Supreme Court To Decide Whether OSHA Preempts District Attorney UCL Suit Over Workplace Safety
In 2009, a tragic accident occurred at a manufacturing plant in Orange County when a water heater exploded and killed two employees. The incident was duly investigated by Cal OSHA,…
Constitutional Law Prof Blog
ACS Issue Brief: The Troubling Turn in State Preemption
Check out the latest American Constitution Society Issue Brief, The Troubling Turn in State Preemption: The Assault on Progressive Cities and How Cities Can Respond, by Richard Briffault, Nestor Davidson,…
Drug & Device Law
Never Too Late to Celebrate Preemption
Can you recall what you were doing back in March of this year? To be more precise the day before St. Patty’s Day and the day after the Ides. No?…
Drug & Device Law
The Third Circuit Fosamax Preemption Error Has Got To Go, Part 2
We've come to expect top-flight work product from the Product Liability Advisory Council (PLAC), even when it isn't Bexis pushing the pen or pecking at the keyboard (as he has…
Drug & Device Law
Fraud on the FDA? If Not Preempted, It Is Trumpery
By Bexis
With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are always on the lookout for ways in which…
Drug & Device Law
No Causation, No “Parallel Claim”
The district court’s order dismissing claims in Ebrahimi v. Mentor Worldwide LLC, No. CV 16-7316, 2017 WL 4128976 (C.D. Cal. Sept. 15, 2017), is a good antidote to the Ninth…
Drug & Device Law
FDA Weighs in on Off-Label Use and Preemption
By Bexis
Back in 2013, Ramirez v. Medtronic Inc., 961 F. Supp.2d 977 (D. Ariz. 2013), made it to #9 on our worst cases of the year list – which is pretty…
Drug & Device Law
Checking Out the B-Side
This post is from the non-Reed Smith side of the blog. Search for Medtronic on this blog and you’re going to find preemption cases. Lots of preemption cases. Mostly preemption…