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Preemption

1,724 published works

  1. 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…

  2. 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…

  3. TortsProf Blog

    Sharkey on Preemption

    By Christopher Robinette

    Cathy Sharkey has posted to SSRN The Anti-Deference Pro-Preemption Paradox at the U.S. Supreme Court:  The Business Community Weighs In.  The abstract provides:Two indicia of the Roberts Court’s alleged pro-business…

  4. Drug & Device Law

    No Ifs, Ands Or Butts – Preemption Gutts, Rebutts, and Shutts Down Utts

    By Bexis

    Late last year we happily blogged about Utts v. Bristol-Myers Squibb Co., ___ F. Supp.3d ___, 2016 WL 7429449 (S.D.N.Y. Dec. 23, 2016), chiefly because it held that design defect…

  5. Drug & Device Law

    N.D. Alabama Issues Mixed Bag of Branded Preemption Rulings

    By Stephen McConnell

    We like bright lines in the law.  They streamline arguments for lawyers and, more important, they make it easier for non-lawyers to conduct their affairs with some degree of predictability.…

  6. ImmigrationProf Blog

    Cyrus Mehta: Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump

    By immigrationprof

    In light of the new Texas anti-sanctuary law, Cyrus' Mehta's post on "Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump" is particularly timely.  The legal…

  7. Drug & Device Law

    “Pre-Approval” Design Defects − No Such Thing

    By Bexis

    As our post-Levine preemption cheat sheet demonstrates, Mensing/Bartlett preemption is breathing down the necks of all prescription drug design defect claims.  Recent cases finding preemption of design defect claims due…

  8. Drug & Device Law

    Breaking News: Cerveny – “Clear Evidence” Preemption Wins on What Matters Most

    By Bexis

    Today, the Tenth Circuit affirmed in part, reversed in part, and remanded the post-Levine branded drug preemption decision in Cerveny v. Aventis, Inc., No. 16-4050 (10th Cir. May 2, 2017). …

  9. Drug & Device Law

    The Cheese Runneth Over . . . Into Illinois

    By Steven Boranian

      Last September we expressed our curiosity over Wisconsin cheese curd and our distaste for an order from the Western District of Wisconsin rejecting implied preemption in an amiodarone case.…

  10. Drug & Device Law

    EDLA Rejects Preemption of Drug Design Defect Claim

    By Michelle Yeary

    Just yesterday we made the following observation: a design defect claim is often a make-weight claim. How should the design have been improved? Not selling the product at all is…