Topic
Preemption
1,725 published works
Drug & Device Law
Anything Worthwhile For Product Liability Defendants In The 21st Century Cures Act?
By Bexis
We blogged about possibly interesting nuggets in the 21st Century Cures Act (“21CCA”) back in February, 2015 – when it was only 400 pages long. In true congressional fashion, it’s…
Workers’ Compensation Law Prof Blog
Opt-Out, Workers’ Compensation Federalization, and the End of the Beginning
If I could not see a plausible road to the federalization of workers’ compensation last September and October—and I could not—I certainly can’t see such a road in the wake…
Constitutional Law Prof Blog
Ninth Circuit Says State Environmental Law is Preempted in Railway Repair
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled this week that the Interstate Commerce Commission Termination Act preempted an Oregon state environmental measure as it related to repairs…
TortsProf Blog
FL: R.J. Reynolds Argues Engle is Preempted, Violates Due Process
R. J. Reynolds is arguing to the Florida Supreme Court that Engle is preempted by FDA v. Brown & Williamson Tobacco Corp. to the extent that Florida state tort law…
Land Use Prof Blog
Should doing business on the Internet preempt local land use regulation? Airbnb bets big on yes.
The sharing economy is bringing a whole host of new issues to the fore that perhaps were not imaginable a few years ago. One of the most important might be…
Drug & Device Law
A Day Shopping At Walmart and Mensing Preemption
Are any of you Walmart shoppers? Would you admit it? This DDL blogger does. Walmart sells everything, and at prices too good to pass up: HDTVs, electronics, car stuff, refurbished…
TortsProf Blog
The Trump Administration and Preemption
Some thoughts by James Beck at JDSupra Business Advisor.
Drug & Device Law
How Might a Trump Administration Affect Our Sandbox?
By Bexis
No, we’re not here to muse about how our lack of contact with advanced extra-terrestrial civilizations might be due to an unfortunate proclivity for “intelligent” life to invent technology that…
Drug & Device Law
Smoking Out the Scope of Preemption
Last month, while grappling with an aphrodisiac false-advertising case, we joked that we felt like having a cigarette after reading the court’s opinion. Today we get our cigarette. Or, rather,…
Civil Procedure & Federal Courts Blog
SCOTUS Cert Grant on Preemption: Coventry Health Care v. Nevils
On Friday, the Supreme Court granted certiorari in Coventry Health Care of Missouri, Inc. v. Nevils, which presents the following questions:Whether FEHBA preempts state laws that prevent carriers from seeking subrogation or…