Topic
Preemption
1,725 published works
Land Use Prof Blog
Idaho passes first-in-nation law preempting local government regulation of Uber
On Monday, Idaho's governor signed a first-in-the-nation law fully preempting any local government regulation of ride-sharing companies, such as Uber. This is terrible precedent; no other state has gone anywhere near…
Drug & Device Law
“Common” Defense No Bar to Removal in Preemption Case
By Bexis
We’re not law professors. We don’t typically read opinions with an eye to where they fit (or don’t) in some grand jurisprudential scheme. We’re litigators, so we read opinions with an eye…
Drug & Device Law
A Jam Packed Hip Implant Case From the Eastern District of Pennsylvania
This post is from the non-Reed Smith side of the blog. Today’s case is no “mixed bag,” no cautionary tale. We don’t have to look for a silver lining or a rose…
Drug & Device Law
Illinois Appellate Court Misapplication of Bartlett Preemption: The Monster Case of the Week
It was big news that there will be a six hour return of The X-Files, a show that dazzled us from 1993 to 2002. The "myth-arc" episodes about an alien invasion, black…
Drug & Device Law
Result-Driven Affirmance of Birth Defect Verdict
We have said it before – birth defect cases are hard. Juries and judges are sympathetic where the individual whose health is at issue had no say in the matter. We have…
Drug & Device Law
Let’s Talk InFuse
This post is from the non-Reed Smith side of the blog only. The InFuse litigation has certainly given us quite a lot to talk about – and almost all of it positive. It…
Technology Law Source
Sixth Circuit adopts broad view of trade secret preemption
The Sixth Circuit Court of Appeals recently took a broad view of preemption under the Uniform Trade Secrets Act (UTSA) and held that Ohio’s version of the UTSA preempted state-law…
Drug & Device Law
Zogenix’s Battle with the Commonwealth of Massachusetts Continues
Last week, the District of Massachusetts issued its decision on Round 3 of the battle between Zogenix, Inc. and the Commonwealth of Massachusetts over Zohydro ER, an extended release hydrocodone drug product that…
Food, Drug & Agriculture
Court Finds that Class Action Plaintiffs’ False Advertising Claims are Stripped Bayer Based on Federal Preemption
By Paul Seeley
In the recent case of Gallagher v. Bayer AG, Case No. 14-cv-04601-WHO (N.D. Cal. March 10, 2015), the plaintiffs asserted that the defendants Bayer AG and related entities (collectively, “Bayer”)…
Land Use Prof Blog
Uber Goes to the State House Seeking Preemption of Local Government Control
It appears the next step in the sharing economy wars is upon us. When the sharing economy company is stymied by local government regulation, it appears that sharing economy companies…