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Preemption

1,725 published works

  1. Drug & Device Law

    Deflated PMA Preemption: Off-label Promotion and Failure to Report Keep InFuse Case Alive

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog only. Having to report on a negative InFuse decision happens about as often as meteorologists correctly predict snowstorms.  Boy did they get it…

  2. Drug & Device Law

    One Mississippi, Two Mississippi: Dismissal of Claims against Brand Name Reglan and Generic Metoclopramide Manufacturers

    By Stephen McConnell

    We normally prefer to trumpet birthday wishes rather than deathday anniversaries. But the guillotining of King Louis XVI was such a huge moment in Western history, not just French history, that we…

  3. Drug & Device Law

    Stengel Claims Still Require Causation

    By Michelle Yeary

    Johnson v. Hologic, Inc., 2015 U.S. Dist. LEXIS 1105 (E.D. Cal. Jan. 5, 2015) is a case brought by a pro se plaintiff alleging she was injured by a mammography machine which…

  4. PipelineLaw

    North Dakota Crude “Oil Conditioning” Order: Vulnerable to Preemption Challenge?

    By Hunton & Williams LLP

    The North Dakota Industrial Commission (NDIC) issued an order last month requiring Bakken producers to condition crude oil prior to transport in order to make it safer for shipment by…

  5. Drug & Device Law

    Ortho Evra MDL Goes Out with a Bang

    By Bexis

    We’ve liked the Ortho Evra MDL.  We’re going to miss it.  It provided us with more than its share of good learned intermediary rule/warning causation decisions, since the risk of stroke associated with…

  6. Drug & Device Law

    Product Development Protocol (PDP) Preemption Recognized by Fifth Circuit

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. Not that long ago we alluded to the idea that blogging about decisions throwing out PMA medical device claims on the basis…

  7. Drug & Device Law

    SG’s Reign of Error Continues

    By Bexis

    It’s been a little slow over the holidays so we’ll go back to something that happened last year.  On December 16, 2014 – almost three whole weeks ago – the Solicitor General filed…

  8. Drug & Device Law

    Celebrating the Highs and Lows

    By Michelle Yeary

    It is the time of year for reflection and resolutions. We look back on the ups and downs of the year that is about to end and look forward to the New Year…

  9. Drug & Device Law

    Simply Suing One More P-M-A Device

    By John Sullivan

    A federal court in Washington produced yet another preemption decision dismissing a complaint in the hip implant litigation.  Hernandez, v. Stryker Corp., 2014 U.S. Dist. LEXIS 171697 (W.D. Wa. Dec. 11, 2014).…

  10. CEQA Developments

    “Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A Preemption Showdown”

    By Arthur F. Coon

    Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding.  The controversy…