Topic
Preemption
1,725 published works
Drug & Device Law
Guest Post – The Sweet Smell of Preemption Overcomes Plaintiffs’ Stinky Consumer Fraud Claims
By Bexis
What follows is a guest post from Reed Smith’s Andrew Stillufsen, an associate in our Princeton office. He discusses a new FDCA preemption case involving a cosmetic, rather than a…
Drug & Device Law
Anything in the New Clinical Trial Rules of Interest to Product Liability? Not Really.
By Bexis
An inter-agency taskforce is proposing a comprehensive overhaul of “Federal Policy for the Protection of Human Subjects” in today’s issue of the Federal Register (comments close on 12/7/2015). See 80…
MoFo ReEnforcement: The Enforcement Blog
#ThrowbackThursday: CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination
In April 2013, Morrison & Foerster published the client alert “CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination.” Summary: On April 19,…
Sentencing Law and Policy
Massachusetts SJC rules local sex offender restrictions preempted by state law
Main August 28, 2015Massachusetts SJC rules local sex offender restrictions preempted by state lawAs reported in this Boston Globe article, "Massachusetts cities and towns cannot broadly restrict where sex offenders…
Drug & Device Law
SDNY Dismisses Manufacturing and Fraud Claims in Fertility Drug Case, But Conflates and Confuses the Rest
By all rights, it should be Sullivan writing about the Sullivan case. But John is taking a well-deserved vacation. We do not know if Sullivan’s travels more closely approximate a Bexis expedition, which…
Don't Mess With Taxes
NRA lawsuit takes aim at Seattle’s new gun and ammo
NRA lawsuit takes aim at Seattle's new gun and ammo taxes Tuesday, August 25, 2015 Seattle's new tax on guns and ammunition had one unchallenged weekend. The law establishes a…
Drug & Device Law
Preemption (and Other Things) Defanging Depakote Claims
By Bexis
It wasn’t a complete win, but the summary judgment outcome in Rheinfrank v. Abbott Laboratories, Inc., ___ F. Supp.3d ___, 2015 WL 4743056 (S.D. Ohio Aug. 10, 2015), has to put a spring…
Drug & Device Law
PMA Medical Device Preemption Decision – Better Late Than Never
By Bexis
We recently learned of Thomas v. Alcon Laboratories,___ F. Supp.3d ___, 2013 WL 10888983 (N.D. Ga. Jan. 29, 2013), dismissing a contact lens product liability complaint as preempted under Riegel v. Medtronic,…
Drug & Device Law
California Dreaming: The Bite of Bauman, the Perfume of Preemption, the Stink of Stengel
This week the Drug and Device Law Son turns 20. It is apparently an age of discontent, of gripes and snipes. When we asked the DDLS what he wanted for…
Drug & Device Law
Guest Post – Impossibility Preemption for Innovator Drug Manufacturers: Where Are We Now?
By Bexis
Today we have a guest post (her second - she's a glutton for punishment) from fellow Reed Smith associate Danielle Devens. This one brings together recent precedent recognizing post-Levine preemption…