Topic
Preemption
1,725 published works
Civil Procedure & Federal Courts Blog
SCOTUS Cert Grant on Arbitration: Kindred Nursing Centers v. Clark
On Friday, the Supreme Court granted certiorari in Kindred Nursing Centers Limited Partnership v. Clark, which presents the question:"Whether the FAA preempts a state-law contract rule that singles out arbitration…
California Employment Law Update
Supervisor’s Wrongful Termination Claim Was Not Preempted By The NLRA
By Tony Oncidi
Dang v. Maruichi Am. Corp., 207 Cal. Rptr. 3d 658 (Cal. Ct. App. 2016) Khanh Dang sued his former employer for wrongful termination in violation of public policy, claiming that…
Drug & Device Law
Seventh Circuit Holds that FDAAA Does Not Affect Mensing/Bartlett Preemption
When we first set foot on the University of Chicago Law School campus back in 1982, Chicago sports were a mess. But quickly – certainly more quickly than our ability…
Drug & Device Law
Another Slam Dunk Infuse Win – Preemption and More
This post is from the non-Reed Smith side of the blog. If you’re even remotely interested in the topic of preemption in Pre-Market Approved (PMA) medical devices that were used…
In Solvency
Bankruptcy Code Section 303(i) Does Not Preempt State Law Claims by Non-Debtors
In Rosenberg v. DVI Receivables XVII, LLC, 2016 WL 4501675 (3d Cir. August 29, 2016), the United States Court of Appeals for the Third Circuit held that Section 303(i) of the…
Drug & Device Law
Wisconsin Preemption Ruling Makes Our Cheese Curdle
A federal judge in Wisconsin issued an order a few weeks ago that covers two topics on which we often write—negligence per se and implied preemption. The two concepts are…
Drug & Device Law
Another Make Work Project In New Jersey – Duty To Update Claims
By Bexis
This post is not from the Dechert side of the blog. The United States Supreme Court has said it – the test for implied preemption under 21 U.S.C. §337(a) (the…
Delaware Bankruptcy Update
Third Circuit Denies Summary Judgment in Issue of Pre-emption
On August 29, 2016, the Third Circuit released a precedential opinion (the "Opinion") which opined on whether filing an involuntary bankruptcy petition could qualify as tortious interference under state law. …
In Solvency
Third Circuit Denies Summary Judgment in Issue of Pre-emption
By Fox Rothschild LLP, Fox Rothschild LLP
On August 29, 2016, the Third Circuit released a precedential opinion (the "Opinion") which opined on whether filing an involuntary bankruptcy petition could qualify as tortious interference under state law. …
Drug & Device Law
The Demise of the Presumption Against Preemption in Express Preemption Cases
By Bexis
We’ve always been bothered by the presumption against preemption – so much that this blog's first major substantive post was on that subject. Even before that, back in the Bone…