Topic
Preemption
1,725 published works
Drug & Device Law
Latest InFuse Win – Good on Negligence Per Se
This post is from the non-Reed Smith side of the blog. We’re going to be right up front with you today. It’s a work day. It’s the World Cup. The US is playing…
Drug & Device Law
Interesting Case On A Couple Of Issues
By Bexis
While most of the buzz late last week concerned the Darvocet affirmance, we also recommend that defense counsel check out this case: Amos v. Biogen Idec, Inc., 2014 WL 2882104 (W.D.N.Y. June…
Land Use Prof Blog
New York’s highest court holds local governments have power to regulate fracking under zoning authority
Today saw a major decision by New York's highest court regarding regulation of hydraulic fracturing, or fracking. Here is a brief summary Prof. John R. Nolon (Pace) has provided:In one…
Sixth Circuit Appellate Blog
The Sixth Circuit Applies Bartlett and Mensing to Preempt Claims Against Generic Drugmakers
It’s been more than two years since we reported on the appeal in the Darvocet MDL (In re: Darvocet, Darvon and Propoxyphene Products Liability Litigation, No. 11-md-2226-DCR, MDL 2226), which…
Drug & Device Law
Fosamax Plaintiffs Between A Rock And A Hard Place
We have discussed before (here and here) how the defendant manufacturer in Fosamax litigation took advantage of a fairly unique regulatory history to meet the Supreme Court’s unprecedentedly high "clear…
Drug & Device Law
Breaking News: Big Darvocet Appellate Win – Multistate One-Two Punch
By Bexis
The Sixth Circuit has just affirmed 99.9% of the defendants’ wins in the Darvocet litigation. The result is the biggest one-two punch (generic preemption/no non-manufacturer liability for the innovator drug) decision to date. The opinion…
North Carolina Appellate Practice Blog
Uncertifiable: Battle Over North Carolina’s Statute of Repose in CERCLA Cases Makes for Strange Bedfellows
By Beth Scherer
It was a pleasant surprise this morning to discover that the Maryland State Bar Association's Maryland Appellate Blog was discussing a point of North Carolina appellate practice and procedure. The impetus…
Drug & Device Law
There Ought To Be A Law
By Bexis
One of us was recently on a conference call discussing possible federal rules amendments (no, not e-discovery), and concern was raised about federal judges making up new grounds for liability in cases based…
Drug & Device Law
Preemption. Beautiful, Beautiful Preemption
The test for determining whether a state law claim is impliedly preempted is whether or not the claim would exist in the absence of the FDCA. Rarely do we drug…
Drug & Device Law
What a Difference Premarket Approval Makes
Breast implant litigation seems like ancient history. We are by no means young. Just trust us on this one. We remember when the Watergate hearings riveted America, when the space…