Topic
Preemption
1,725 published works
Drug & Device Law
The District of New Jersey Holds That You Can’t “Discover” Your Way to a Parallel Violation Claim
This post is from the non-Reed Smith side of the blog. Smith & Nephew, Inc. continues to push the plaintiffs out of court in a hip implant case pending in federal…
Drug & Device Law
Fun Fun Fun: Cal Court Dismisses Sunscreen Cases on Preemption
During a recent Surfin’ Safari we must have told the DDL Son at least five times to slather on more sunscreen. Naturally, he engaged in the usual noncompliance-defiance and, naturally, now…
Drug & Device Law
Pumped Up Protein Powder Preemption
While some of us are naturally jacked up—have you seen Bexis in short sleeves?—others turn to supplements to build up their beach bodies. We are not talking about the injectables…
inversecondemnation.com
HAWSCT On Preemption: Local Weed No-Enforcement Initiative Conflicts With State Criminal Law (And That’s Enough)
One for you muni law types (and for future students of Admin Law to assist them with writing their outlines). In Ruggles v. Yagong, No. SCWC-13-0000117 (June 25, 2015), a…
Drug & Device Law
No Prescription For Consumer Protection
By Bexis
Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a square peg into a ham sandwich. It doesn’t fit, and the combination isn’t very…
Drug & Device Law
SG’s Latest Brief On Implied FDCA Preemption Under Buckman
By Bexis
On May 26, 2015, the Solicitor General’s office responded to the United States Supreme Court’s Oct. 14, 2014 invitation for the government’s views on the certiorari petition filed in Athena…
ImmigrationProf Blog
High Court Refuses to Review Ruling Striking Down Arizona Law Denying Bail to Undocumented Immigrants
AP reported on a Supreme Court immigration story that went largely ignored yesterday. The Court refused to review a court of appeals decisions striking down an Arizona law that denied…
Drug & Device Law
Bausch Strikes Again
We were both frustrated and unsurprised with the decision in Dwyer v. Boston Scientific Corp., 2015 WL 3384894 (Mass Sup. Ct. Apr. 2, 2015). Our frustration comes from the Court’s…
Drug & Device Law
“Age Defying” Make-up Case Only Partially Defies Preemption
Coco Chanel said that nature gives you your face at 20, but you earn your face at 50. Perhaps that is not so different from Mark Twain’s theory that one’s wrinkles should…
The Faculty Lounge
Call for Papers: AALS Labor Relations and Employment Law Section
From an email message that I received earlier today: The Executive Committee of the AALS Labor Relations and Employment Law Section is seeking abstracts for papers to be presented at…