Topic
Preemption
1,725 published works
ImmigrationProf Blog
Fedearl Court Finds Arizona Immigrant Smuggling Law Preempted by Federal Immigration Law
Photo courtesy of U.S. District Court, District of Arizona websiteOnce again, the state of Arisona is in the news with respect to immigration and once again has been told by…
The Trademark Blog
Recent District Court Decisions
ND Tex Preemption analysis Despite Def's federal ™ and © counterclaims, case remanded to state court http://t.co/HSuO2xUAKC— TrademarkBlog (@TrademarkBlog) October 26, 2014 ED Tenn DQ Motion Def's atty did not…
Land Use Prof Blog
New York’s Highest Court Denies Industry Motion to Revive Fracking Case
Sarah J. Adams-Schoen has a nice summary of a recent, important New York fracking case on her blog. She has agreed to let us re-post it here:Yesterday, New York’s highest…
Drug & Device Law
No, HIPAA Does Not Preempt Informal Treater Interviews
By Bexis
For over seven years, we’ve been following the odd little romance that the other side of the “v.” has been having with purported federal preemption of state litigation practices that allow our…
Drug & Device Law
The Scylla and Charybdis of PMA Preemption
This post is from the non-Reed Smith side of the blog only. It’s been a while since we’ve seen a legal reference to Scylla and Charybdis, the sea monsters of Greek myth…
Drug & Device Law
Personal Jurisdiction, Preemption, Pleadings and Proximate Cause
Usually our posts have a fairly singular focus. We think that helps keep them more useful – short, topical, easy to search. It is also the result of most opinions…
Drug & Device Law
An Express Preemption Thought
By Bexis
Only a short post today, because Bexis is so blasted busy right now. When we were preparing our program for our recent Reed Smith side teleseminar about Recent Trends in Drug and Device…
Drug & Device Law
Squeezing the Toothpaste Ever More Firmly
Those of you who dialed into yesterday’s teleseminar given by the Reed Smith side of the blog saw an image of a leaking tube of toothpaste on one slide and…
Drug & Device Law
Who is the Prescriber?
You’ve no doubt heard that hard cases make bad law. But sometimes hard cases make no law. That is, the judge decides not to decide, because deciding seems too difficult. …
PropertyProf Blog
Outka on Intrastate Preemption in the Shifting Energy Sector
Uma Outka (Kansas) has posted Intrastate Preemption in the Shifting Energy Sector (Colorado Law Review) on SSRN. Here's the abstract:The U.S. energy sector is in a state of transition, at…