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Preemption

1,725 published works

  1. Drug & Device Law

    Disputed Federal Regulatory Duty Allows Federal Question Removal

    By Bexis

    As we’ve mentioned before, we watch state-law litigation over genetically-modified organisms (“GMOs”) because they tend to produce interesting results on federalism issues such as preemption, since anti-GMO zealots often try…

  2. Drug & Device Law

    Guest Post – The Matrix Preempted

    By Bexis

    Today’s guest post is by Aggie Lee of Tucker Ellis, about a PMA preemption win that she briefed in California.  The medical device is a hemostatic matrix, which is unusual,…

  3. Drug & Device Law

    A Pair of Pain Pump PMA Preemption Cases

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. Within days of each other, courts in Ohio and California entered decisions finding all claims brought against Medtronic’s pre-market…

  4. Environmental Law Prof Blog

    Regulatory Paralysis by Preemption: GMO Food Labeling and Potentially More

    By Environmental Law Prof

    By: Lesley McAllister Did you know that as of July 2016, we have a new federal law mandating that genetically engineered food be labeled? It is true – see 7…

  5. Drug & Device Law

    Sixth Circuit Affirms Branded Drug Preemption and Trial Win

    By Eric Alexander

    In the aftermath of Levine, with its generous interpretation of the CBE regulation and its novel “clear evidence” standard, we wondered how long it would be until we saw a…

  6. Drug & Device Law

    And Now – From the Same Court That Gave Us Engle….

    By Bexis

    That’s Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), the most bizarre use of res judicata that we’ve ever seen – giving preclusive effect to a class…

  7. Drug & Device Law

    Spoiler Alert: Florida Appellate Court Upholds PMA Preemption and Rejects Parallel Claim

    By Stephen McConnell

    Over the years, comedian Adam Carolla has played the "Germany or Florida" game on his various radio and tv programs and podcasts. The game is based on the observation that…

  8. PrawfsBlawg

    Must Police Return Wrongfully Seized Marijuana?

    By prawfsblawg@gmail.com

    Main Wednesday, February 08, 2017Must Police Return Wrongfully Seized Marijuana?Imagine the following scenario. P is a local police officer who stops D for speeding. In the course of a consensual…

  9. Drug & Device Law

    Gorsuch Looks Pretty Good On Preemption

    By Bexis

    When we heard about Judge Neil Gorsuch being nominated for the United States Supreme Court, our first move was to enter his name in Westlaw along with the term “preemption.”…

  10. Civil Procedure & Federal Courts Blog

    Nash on Sovereign Preemption State Standing

    By Robin Effron

    Jonathan Remy Nash (Emory) has posted Sovereign Preemption State Standing to SSRN.When does a state have standing to challenge the executive branch’s alleged under-enforcement of federal law? The issue took…