Topic
Preemption
1,725 published works
Sentencing Law and Policy
Split Colorado Supreme Court concludes federal law precludes state officers from returning marijuana to acquitted defendants
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…
Drug & Device Law
Lengthy Decision, Simple Conclusion – Preemption Win Across the Board
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,…
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 -…
Drug & Device Law
Express Warranty Claim Preempted
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…
Drug & Device Law
SDNY Applies Preemption in Favor of Branded Drug
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…
PrawfsBlawg
Political Decentralization versus Libertarianism: Should libertarian federalists try to preempt Seattle’s collective bargaining law?
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…
TortsProf Blog
NJ: Federal Law Does Not Preempt Claims of Failure by a Generic Drug Manufacturer to Update Warnings in a Timely Manner
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…
Drug & Device Law
A Twist on PMA Preemption
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,…
Environmental Law Prof Blog
ELC Essay #11: Less than Zero: The Zero-Sum Game that Hurts Local Communities & Ecologies
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…
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…