Topic
Preemption
1,725 published works
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…
Drug & Device Law
WDNY Holds that Tysabri Warnings are Adequate as Matter of Law and that Product Liability Claims are Preempted
However a drug/device product liability is styled, it will almost always be focused on a claim of failure to warn. Why do plaintiffs insist on inserting a cause of…
HR Defense
State and Local Governments: Battling for Control of Workplace Laws
While local governments are increasingly seeking to regulate the workplace, many states are taking aggressive action to counter these efforts. Over the past several years, more than 20 states have…
TortsProf Blog
FL: Engle Tobacco Claims Not Preempted
On April 6, the Florida Supreme Court ruled, unanimously, that Congress's decision to regulate, but not ban, cigarettes does NOT preclude tort claims under state law. The court reached the opposite…
Drug & Device Law
Sunscreen Preemption
We’ve addressed sunscreen class actions here from time to time. The FDA regulates sunscreen as an OTC drug, and so these class actions can generate decisions of interest in areas…
Drug & Device Law
When Precedents Collide
By Bexis
We read Michelle Yeary’s recent post about In re Fosamax Products Liability Litigation, ___ F.3d ___, 2017 WL 1075047 (3d Cir. March 22, 2017), with particular interest. We were especially…
Drug & Device Law
Non-Existent Duty to Warn of Mensing Not Enough to Get Around Mensing Preemption
Earlier this week, we discussed how the presentation of the federal question of express preemption from the face of a complaint can lead to removal. Part of why the defendant drug…
Drug & Device Law
Philadelphia Court Tosses Off-Label Promotion Claims
Today we give you something rare from the Philadelphia Court of Common Pleas -- a defense win on preemption. The Philadelphia CCP has been the source of some rather vexing…
Drug & Device Law
Parallel Claims in PMA Medical Device Complaint Warrant Federal Question Removal
By Bexis
We were wondering when the courts would catch on to this Catch 22. In order to survive preemption, plaintiffs suing the manufacturers of pre-market approved ("PMA") medical devices have to…
Drug & Device Law
Third Circuit Reinterprets Wyeth v. Levine for the Worse and Finds Preemption is a Jury Question
This post is from the non-Reed Smith side of the blog, only. Last week the Third Circuit overturned the dismissal of thousands of cases in In re: Fosamax Products Liability…