Topic
Preemption
1,724 published works
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…
TortsProf Blog
Sharkey on Preemption
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…
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…
Drug & Device Law
N.D. Alabama Issues Mixed Bag of Branded Preemption Rulings
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.…
ImmigrationProf Blog
Cyrus Mehta: Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump
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…
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…
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). …
Drug & Device Law
The Cheese Runneth Over . . . Into Illinois
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.…
Drug & Device Law
EDLA Rejects Preemption of Drug Design Defect Claim
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…