Topic
Preemption
1,725 published works
Drug & Device Law
Time and Preemption
The time for Mad Men is almost over. Next Sunday is the finale, and we can hardly stand the thought that our tv screens will no longer harbor Don Draper, his…
Drug & Device Law
Going The Distance To Limit Preemption
Anybody who watched the Mayweather-Pacquiao fight knows that a long fight does not necessarily make for an exciting fight. Thirty-six minutes of “action” can actually contain very little action. The exceedingly long decision of…
Drug & Device Law
InFuse State Court Appellate Win
This post comes from the non-Reed Smith side of the blog. Last week we reveled in the Tenth Circuit affirming the Caplinger decision – a complete rejection of plaintiffs’ attempt to utilize allegations of…
Energy & Environmental Law Adviser
Natural Gas Act Does Not Pre-empt State Antitrust Laws
By William M. Hannay, Barry Hyman
Last week, the U. S. Supreme Court handed down an important decision on the jurisdictional reach of the Natural Gas Act (NGA). The Court concluded that the NGA does not…
Drug & Device Law
Is The Presumption Against Preemption Dead?
By Bexis
We’ve got the expression “the dog that didn’t bark” stuck in our heads today, and it’s not just from that phrase being used in the recent Caplinger decision. See Caplinger v. Medtronic,…
Drug & Device Law
Maryland, My Maryland: Aldara Case Dismissed for Multiple Reasons
Today’s date is rich in literary history. It is the birthday of Vladimir Nabokov, one of two writers whose prose style makes us want to snap our Pilot Varsity pens in despair,…
Drug & Device Law
Breaking News – Caplinger Infuse Preemption Dismissal Affirmed
By Bexis
We thought our readers would like to know that today the InFuse preemption decision in Caplinger was affirmed by the 10th Circuit in a 2-1 opinion (here’s a link). Our non-Reed Smith bloggers…
Drug & Device Law
The FDA Gets an EARful on Label Changes
By Bexis
We’ve blogged several times about the FDA’s pending proposal to gut preemption with respect to generic drugs, and that proposal’s numerous flaws. We have been remiss, however, in not mentioning the industry’s 2014 counter-proposal that’s was…
Drug & Device Law
Breaking News: 141 InFuse Plaintiffs Have Their Cases Clipped by Preemption
This post is from the non-Reed Smith side of the blog. We’ve been reporting on individual InFuse cases that have been chopped down by defendant swinging a preemption axe of sorts. One by one,…
Drug & Device Law
The Next Best Thing to Mensing Preemption: Winning for Lack of Connection between Marketing and the Prescriber
This post comes from only the Cozen O’Connor side of the blog. The plaintiffs in the Whitener v. Pliva case danced through the Mensing raindrops for quite some time, using off-label…