Topic
Preemption
1,725 published works
Drug & Device Law
A Foregone Conclusion On A Runaway Verdict
From our ivory tower in the kingdom of blogdom, we track cases and litigations from afar, peeking in on them from decisions rendered at specific points in time. Sometimes, from…
Drug & Device Law
Yet Another Infusion of the InFuse Litigation
This post is from the non-Reed Smith side of the blog only. Even on a slow week, we can count on one litigation to infuse our inbox with blogging opportunities. …
Drug & Device Law
Removal of Discretion = Preemption
By Bexis
One of the big TwIqbal issues in PMA medical device preemption cases is whether plaintiffs can plead “parallel” claims based on allegations that defendants violated vague FDA regulations (typically involving Current Good Manufacturing…
Drug & Device Law
Dreaming The Impossible Dream
By Bexis
A short history of recent implied preemption “impossibility” decisions: (1) In Wyeth v. Levine, 555 U.S. 555 (2009), impossibility preemption did not apply to innovator prescription drugs because simultaneous compliance…
Drug & Device Law
POM Doesn’t Seem to Have Changed Much
By Bexis
Although the Supreme Court’s recent decision in POM Wonderful, which we blogged about here, didn’t involve preemption, we were worried that, at least in Lanham Act cases, it might erode the protection…
Drug & Device Law
Hey Jude! Reprise – Still a Sad Song for Plaintiffs
Last month we told you about two great preemption victories for St. Jude Medical in implantable cardioverter defibrillator (“ICD”) lead litigation (see post). In one of those cases, plaintiffs decided they wanted to sing…
Civil Procedure & Federal Courts Blog
Recent Fraudulent Joinder Case
By Robin Effron
Via our friends at the Drug and Device Law blog: Court Holds that Claim Against a Doctor Who Served as a Designer (or Possibly Just a Consultant) Can Defeat Diversity.…
Drug & Device Law
Court Holds that Claim Against a Doctor Who Served as a Designer (or Possibly Just a Consultant) Can Defeat Diversity
The court in Turner v. DePuy Orthopedics, Inc., 2014 U.S. Dist. LEXIS (C.D. Calif. July 29, 2014), ordered the remand of a removed case after rejecting the defense’s argument that Mensing preemption (or…
Drug & Device Law
Two More InFuse Victories
This post is from the non-Reed Smith side of the blog. These wins are becoming routine – but we’re not taking them for granted. In fact, we’ve given them their own label…
Civil Procedure & Federal Courts Blog
No Federal Jurisdiction Over Deceptive Marketing Claims Against Credit Card Companies
From the summary prepared by court staff of the Ninth Circuit: Reversing the district court’s denial of a motion for a remand to state court, the panel held that neither…