Topic
Preemption
1,725 published works
Drug & Device Law
Remembering Scalia, Remembering Riegel
For the second time in a week we are considering a former professor at our law school, though this occasion swims in sorrow. Before he became a Justice on the Supreme…
Drug & Device Law
Seventh Circuit Knocks Out Claims Against Generic Manufacturer on Preemption Grounds
It is not often that we get the opportunity to discuss an opinion from a panel of judges including two former professors from our law school. Diane Wood is the…
Drug & Device Law
Injunctive Relief Claims Lead to Defense Opportunities
By Bexis
It’s not all that common, but every now and then our opponents feel their oats and seek injunctive relief – usually against the continued marketing of an FDA-approved product. A state-law…
Drug & Device Law
Pecking A Blow For Chicken Preemption
It may have been our limited caffeine intake to that point in the day, but, when Bexis asked us to do a post on a case about representations about chicken,…
Drug & Device Law
First Complete PMA Preemption Win of 2016
This post is from the non-Reed Smith side of the blog. Today’s mainstream media may be all about another “first” that happened yesterday, but our attention is drawn to a…
Drug & Device Law
Twofer Tuesday (Sorta)
This post is from the non-Reed Smith side of the blog. We do have two opinions to talk about, they’re just from the same case. They are the magistrate’s Report…
Drug & Device Law
California Supreme Court – Presumption Against Preemption Still Around
By Bexis
Last month, in Quesada v. Herb Thyme Farms, Inc., 361 P.3d 868 (Cal. 2015), the California Supreme Court did to “organic” foods what it had done to most other foods…
Inside Privacy
Scope of Preemption in Proposed Data Security Legislation is Uncertain
According to a recent analysis by the Congressional Research Service (“CRS”), the extent of state law preemption in recent federal legislative proposals relating to data security is unclear. Several bills…
Mass Tort Defense
Important Preemption Decision
By Sean Wajert
Last week the Sixth Circuit issued a significant opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals Inc., No. 15-3104, 2015 WL 8538119 (6th Cir.
ContractsProf Blog
DirectTV v. Imburgia – FAA Preemption Über Alles
By Mark Burge
On December 14, the United States Supreme Court decided DirecTV v. Imburgia, the latest chapter in an expansion of the Federal Arbitration Act to pre-empt state law well beyond anything…