Topic
Preemption
1,725 published works
Drug & Device Law
Preemption Should Have Taken Down Performance Enhancement Class Action
Is it a food or is it a drug? The answer makes a difference because different laws apply. And then there are dietary supplements, which come under the “food” umbrella, but have…
Drug & Device Law
New Preemption Decisions That We Can’t Discuss Quite Yet
By Bexis
As lawyers, we have to get client approval before we can discuss their litigation substantively. Here are a couple just-in decisions where we’re doing that, but that are important enough our readers…
Drug & Device Law
Warnings Causation Sinks “Failure to Update” Claim
This post is not from the Dechert side of the blog. “Failure to update” claims have multiple problems. You probably already know what we are referring to. Federal law requires that generic drug…
Drug & Device Law
Federal Preemption and Peer Review – A New Frontier
By Bexis
It’s not often that we get to blog about a new area of federal preemption, but we do so today. This isn’t a big area, otherwise we would have known about…
Sixth Circuit Appellate Blog
Sixth Circuit Sides with Third Circuit on Preemption Issue
In an opinion issued yesterday, the Sixth Circuit concluded that the Clean Air Act does not preempt common law claims brought against an emitter that are based on the law…
Drug & Device Law
Philly Court Applies Michigan Law to Dismiss Risperdal Cases
Delve into the crime stories of Elmore Leonard, whether in the form of the books, movies, or television shows, and you are likely to spend considerable time in Michigan and Florida. …
Minnesota Employer
Does the Minneapolis City Council Have Authority To Pass the Working Families Agenda?
Maybe not – it is possible that at least some aspects of the proposed Working Families Agenda are preempted by state law under the doctrine of conflict preemption. Under the…
Civil Procedure & Federal Courts Blog
Oral Argument in DIRECTV v. Imburgia: Arbitration Clauses in California, Again
The Supreme Court heard oral argument in DIRECTV v. Imburgia, No. 14-462, on October 6. The issue is "Whether the California Court of Appeal erred by holding, in direct conflict…
Wage & Hour Law Update
Eleventh Circuit Rejects Airline Deregulation Act Preemption Challenge To Living Wage Ordinance
Courts continue to wrestle with preemption issues, the tension between sweeping federal laws purporting to regulate an industry or industries and laws enacted at the local level, such as labor…
Drug & Device Law
In Case of Good Judge, Break Glass – Implied Impossibility Preemption in Cases Involving §510(k) Cleared Medical Devices
By Bexis
We have alluded on a couple of occasions to the likelihood that the recent generic drug implied impossibility preemption decisions in PLIVA v. Mensing, 131 S. Ct. 2567 (2011), and…