Topic
Preemption
1,725 published works
Drug & Device Law
An Error-free Seventh Circuit Medical Device Case
Today is National Grammar Day. Before anyone of our posts goes online, it dashes thorough a gauntlet of reviewers. Those reviewers collectively possess just the right amount of neurotic fastidiousness…
inversecondemnation.com
2d Cir: Amtrak SOL On Claim Its Property Immune From NY’s Eminent Domain Power
The State of New York wants to build the Bronx River Greenway, a "23-mile-long ribbon of green with a multi-use path that will extend along the full length of the river…
ImmigrationProf Blog
Immigration Article of the Day: Carrie L. Rosenbaum, The Role of Equality Principles in Preemption Analysis of Sub-Federal Immigration Laws: The California TRUST Act
Carrie L. Rosenbaum, The Role of Equality Principles in Preemption Analysis of Sub-Federal Immigration Laws: The California TRUST Act, Chapman Law Review (2015) Download The Role of Equality Principles…
Drug & Device Law
Breaking News – FDA To Revisit Its Proposal To Kill Generic Preemption
By Bexis
In a Federal Register Notice (link here) the FDA formally announced today that it’s revisiting its pending proposal to kill generic preemption. The comment period has been reopened and will extend until April…
Drug & Device Law
New Hampshire Applies Riegel Preemption
New Hampshire has always marched to its own flinty tune. It was the first colony to establish a government independent of British authority. It holds the first presidential primary every…
Drug & Device Law
Ninth Circuit Swings and Misses with Buckman Preemption
Because we hail from San Francisco, we sometimes feel a certain hometown pride in the Ninth Circuit, whose San Francisco home is one of the most beautiful public buildings in the United…
Drug & Device Law
Another Shameless Plug
By Bexis
If you're in New Jersey next week, and you're interested in FDCA-related preemption, our friends at the New Jersey Civil Justice Institute are hosting a panel discussion that explores this constantly evolving (and really…
Drug & Device Law
InFuse Litigation Still In the Pink
This post is from the non-Reed Smith side of the blog. Most of our reports on the InFuse litigation have been positive -- credits rather than debits. Last week, we had to move…
Drug & Device Law
S.D. Texas Upholds Texas Presumption of Non-liability for FDA-approved Drugs and Rejects Failure to Update Claim
Today’s post comes from the non-Dechert side of the DDL blog. This week is the anniversary of the beginning of Facebook. The question of whether Zuckerberg et al. could successfully "monetize" that platform has…
Land Use Prof Blog
United States District Court Strikes Down Mora County’s Fracking Ban
As expected, the United States District Court for the District of New Mexico, struck down Mora County, New Mexico's ban on hydraulic fracturing. In the case styled SWEPI, LP v.…