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Preemption

1,722 published works

  1. Renewable + Law

    Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

    By Jennifer Mersing

    On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v.…

  2. Drug & Device Law

    Eleventh Circuit Gets It Wrong on Preemption

    By Steven Boranian

    We have a point of view. Our readers understand that we represent folks on the right side of the v., and our posts tend to read cases and legal trends…

  3. Drug & Device Law

    Failure To Contraindicate Claims and Preemption

    By Bexis

    We were recently asked the question, “are failure to contraindicate claims preempted?”  Our immediate response was, “How could they not be”?  However, it’s not helpful to answer a question with…

  4. Drug & Device Law

    Buckman Preemption and Cake

    By John Sullivan

    Here’s the crux of today’s case, In re Trader Joe’s Tuna Litig., 2017 WL 2408117, at *1 (C.D. Cal. Jun. 2, 2017): Plaintiffs determined that the Trader Joe’s tuna cans…

  5. Drug & Device Law

    Kentucky Trial Court follows U.S., not Kentucky, Supreme Court Precedent to Hold that Claims Against Investigational Device Were Preempted

    By Stephen McConnell

    It is quite unusual for a state trial court to depart from that state's highest court precedent.  But consider that old Hebrew National frankfurter advertising campaign: "We answer to a…

  6. Credit Chronometer

    OCC Action Touches Off Fintech Turf War

    By Joseph Cioffi

    Beneath all the excitement surrounding the fast-growing “fintech” industry has been a more practical question: who, exactly, is going to regulate this new breed of enterprise? The U.S. Office of…

  7. Drug & Device Law

    North Carolina Rejects Stengel in Complete Preemption Win

    By Michelle Yeary

    Put a New Yorker and a Californian in a room together and the debate will begin almost immediately. Hollywood v. Broadway. Atlantic v. Pacific. Dodgers v. Yankees or Giants v.…

  8. Drug & Device Law

    Picking Up the Post-Preemption Pieces

    By Eric Alexander

      Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case.  Applying a ruling on in limines from…

  9. Drug & Device Law

    Similar Claims but Opposite Results

    By Michelle Yeary

    This post originates from the non-Reed Smith side of the blog. A federal judge in Texas recently ruled that Texas law does not allow a claim for negligence per se…

  10. Workers’ Compensation Law Prof Blog

    10th Amendment as Race to the Top?: National Tort Reform, the Federal Arbitration Act, and Workers’ Compensation

    By WorkcompLawProf

    Workers’ compensation is an area of traditional state sovereignty. I have become increasingly concerned about the onslaught of what I term “empty preemption,” the supersession of substantive state law by…