Topic
Preemption
1,725 published works
Sentencing Law and Policy
Could (and should) Colorado (or others) respond to attack on marijuana legalization by counter-attacking federal prohibition?
Main December 19, 2014Could (and should) Colorado (or others) respond to attack on marijuana legalization by counter-attacking federal prohibition?As detailed in this prior post, yesterday Nebraska and Oklahoma filed suit…
Drug & Device Law
Learned Intermediary Doctrine Gets an Assist in Preempting a Failure to Update Claim
Last week, the Eighth Circuit put the final seal on Pliva’s victory in Brinkley v. Pfizer, Inc., 2014 U.S. App. LEXIS 22742 (8th Cir. Dec. 2., 2014), upholding the district court’s dismissal…
Drug & Device Law
InFuse Update
We often report on cases that are dismissed at the pleadings stage but in which plaintiff is afforded an opportunity to “fix” his or her complaint. And almost as often, we refer…
Drug & Device Law
Nothing Helps With Post-Thanksgiving Indigestion Quite Like A Heaping Helping Of Express Preemption
OK, we made that up. It is not true at all. A complete lie, much like “The Dallas Cowboys are America’s Team.” Or “Eating turkey makes you sleepy because of its high tryptophan content.” …
Drug & Device Law
A Thankful Strain
“Our rural ancestors, with little blest, Patient of labor when the end was rest, Indulged the day that housed their annual grain, With feasts, and off'rings, and a thankful strain.”…
Employer Labor Relations
Ninth Circuit Finds Mall Owner’s State Trespass and Nuisance Claims Not Preempted in a Secondary Boycott Context – A Circuit Split on Preemption
By Seyfarth Shaw LLP, Seyfarth Shaw LLP
By: Sarah K. Hamilton, Esq. & Alison Loomis, Esq. In a recent case of note, the Ninth Circuit held that federal labor laws did not preempt a shopping mall owner’s…
Product Liability & Mass Torts Blog
Generic Pharmaceutical Litigation Continues Amid Preemption Uncertainty
Last week, the New Jersey Appellate Division added more uncertainty and unpredictability in generic pharmaceutical litigation when it allowed some failure to warn claims to proceed against generic providers of metoclopramide, a/k/a…
Drug & Device Law
Short Subjects
By Bexis
Today’s post is really three different posts on three unrelated subjects. None of them very long (at least by DDLaw Blog standards), but we think that each will be of interest to at…
Drug & Device Law
Express Preemption OTC
There is no express federal preemption for drugs, right? Wrong! Today we expound on a flavor of preemption that we don’t often get around to—express preemption for claims related to non-prescription, over-the-counter drugs. …
Mass Tort Defense
Mouthwash Class Action Washed Out
By Sean Wajert
A federal judge earlier this month granted defendant's motion to dismiss a putative class action lawsuit accusing it of using misleading labeling on i