Topic
Preemption
1,725 published works
Drug & Device Law
Guest Post – Design Defect Preemption – It’s as Simple as One, Two, Three
By Bexis
This guest post is from Richard Dean at Tucker Ellis. We're both greatly interested in extending impossibility preemption beyond generic drugs, particularly in the context of design defect claims, so…
Drug & Device Law
Silence Would Have Been Golden: Unnecessary Illogical Preemption Decision in Motrin SJS/TENS Summary Judgment Victory
We sat through The Revenant again this weekend, at the plaintive (not plaintiff) request of a Drug and Device Law Friend who had yet to see it. Last time, we…
Drug & Device Law
Think Mink, part 2: Florida Federal Court Slams Door on Parallel Claims
Last November we blogged about "specialized" preemption issues in several cases, including Mink v. Smith & Nephew, Inc., 2015 WL 7356285 (S.D. Fla. Nov. 19, 1015). The plaintiff in Mink…
Drug & Device Law
More Clear Evidence of Conflict Preemption
This post is from the non-Reed Smith side of the blog. Today we laud an excellent prescription drug preemption ruling finding “clear evidence” that the FDA would not have permitted…
Boston ERISA & Insurance Litigation Blog
Gobeille v. Liberty Mutual Insurance Company: The Interesting Things Are in the Concurrences and the Dissent
So, anyone besides me remember that great scene in 48 Hours where Luther goes to pick up a car at a parking garage where it was left years before, and…
Drug & Device Law
Preemption And Causation Do Away With Contraception Lawsuit
With Spring Training well underway, we took notice of the solid base hit delivered last month by the Northern District of California in La Paz v. Bayer Healthcare LLC, No. C 15-03995,…
Health Care Reform Dashboard
Supreme Court Restricts State Medical Claims Data Reporting Law
ERISA does not allow a state to compel a self-insured group health plan to compile and report medical claims data for inclusion in a state-wide all-payer health care database, the…
Drug & Device Law
Parallel Claims – What Happens Post Surviving Preemption
Movie makers have been sharing their vision of post-apocalyptic worlds for decades now. They keep making them because we keep watching them. Arid landscapes, plague, squalor. The struggle between hope…
Beneficially Yours
Supreme Court Concludes That ERISA Preempts State Reporting Requirements
By Ian Morrison, Sam Schwartz-Fenwick and Jim Goodfellow In a closely observed federalism battle over the scope of ERISA preemption, the Supreme Court came down on the side of Federal…
Texas Employment Law Update
Texas Supreme Court Agrees to Hear TCHRA Preemption Case
The Supreme Court of Texas agreed to hear a case affirming summary judgment in favor of an employer sued for the acts of its supervisor in a sexual assault case. …