Topic
Preemption
1,722 published works
Renewable + Law
Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program
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.…
Drug & Device Law
Eleventh Circuit Gets It Wrong on Preemption
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…
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…
Drug & Device Law
Buckman Preemption and Cake
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…
Drug & Device Law
Kentucky Trial Court follows U.S., not Kentucky, Supreme Court Precedent to Hold that Claims Against Investigational Device Were Preempted
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…
Credit Chronometer
OCC Action Touches Off Fintech Turf War
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…
Drug & Device Law
North Carolina Rejects Stengel in Complete Preemption Win
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.…
Drug & Device Law
Picking Up the Post-Preemption Pieces
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…
Drug & Device Law
Similar Claims but Opposite Results
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…
Workers’ Compensation Law Prof Blog
10th Amendment as Race to the Top?: National Tort Reform, the Federal Arbitration Act, and Workers’ Compensation
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…