Topic
Preemption
1,725 published works
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…
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,…
Drug & Device Law
A Pair of Pain Pump PMA Preemption Cases
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…
Environmental Law Prof Blog
Regulatory Paralysis by Preemption: GMO Food Labeling and Potentially More
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…
Drug & Device Law
Sixth Circuit Affirms Branded Drug Preemption and Trial Win
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…
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…
Drug & Device Law
Spoiler Alert: Florida Appellate Court Upholds PMA Preemption and Rejects Parallel Claim
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…
PrawfsBlawg
Must Police Return Wrongfully Seized Marijuana?
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…
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.”…
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…