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Preemption

1,725 published works

  1. Sentencing Law and Policy

    Split Colorado Supreme Court concludes federal law precludes state officers from returning marijuana to acquitted defendants

    By Douglas Berman

    Main January 24, 2017Split Colorado Supreme Court concludes federal law precludes state officers from returning marijuana to acquitted defendantsThe Colorado Supreme Court yesterday issued an interesting ruling driven by the…

  2. Drug & Device Law

    Lengthy Decision, Simple Conclusion – Preemption Win Across the Board

    By Michelle Yeary

    Some bloggers on this site have openly admitted to being swayed by the length of an opinion in choosing whether to blog about it. Shorter decision, shorter post. Less words,…

  3. Drug & Device Law

    Guest Post – MDL Court: Preemption Leaves No “Glimmer of Hope” for Labeling Claims Against a Pharmacy

    By Bexis

    What follows is a post authored by Jaclyn Setili, a Reed Smith associate.  She is discussing what we believe is the first extension of Mensing/Bartlett preemption to claims involving pharmacies -…

  4. Drug & Device Law

    Express Warranty Claim Preempted

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. We use products with warranties every day. There are warranties on frying pans, on light bulbs, on computers. We…

  5. Drug & Device Law

    SDNY Applies Preemption in Favor of Branded Drug

    By Stephen McConnell

    Yesterday we commenced the dreary process of taking down the Christmas decorations. The German nutcrackers slid back into their cartons. Stockings marched from the mantle into plastic storage containers. We…

  6. PrawfsBlawg

    Political Decentralization versus Libertarianism: Should libertarian federalists try to preempt Seattle’s collective bargaining law?

    By prawfsblawg@gmail.com

    Main Sunday, January 01, 2017Political Decentralization versus Libertarianism: Should libertarian federalists try to preempt Seattle's collective bargaining law?Last week, the City of Seattle released its rules implementing a controversial local…

  7. TortsProf Blog

    NJ: Federal Law Does Not Preempt Claims of Failure by a Generic Drug Manufacturer to Update Warnings in a Timely Manner

    By Christopher Robinette

    The National Law Review analyzes New Jersey's ruling that "federal law does not pre-empt state law claims alleging that a generic drug manufacturer failed to timely update the warnings for its…

  8. Drug & Device Law

    A Twist on PMA Preemption

    By Michelle Yeary

    One doesn’t see many new PMA preemption issues raised, but we found a case that does just that – Vincent v. Medtronic, Inc., 2016 WL 7374271 (N.D. Ill. Dec. 20,…

  9. Environmental Law Prof Blog

    ELC Essay #11: Less than Zero: The Zero-Sum Game that Hurts Local Communities & Ecologies

    By Environmental Law Prof

    Jonathan Rosenbloom Local communities and their ecology suffer hardship from a zero-sum game over governance authority. This game pits communities (and their local governments, including special purpose districts) against state…

  10. Drug & Device Law

    Implied Preemption and Monograph Drugs

    By Bexis

    The Reed Smith blogging team has just returned from this year’s annual ACI Drug & Medical Device Litigation conference.  In addition to excessive amounts of eating, drinking, and socializing (now…