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Preemption

1,725 published works

  1. Drug & Device Law

    Latest InFuse Win – Good on Negligence Per Se

    By Michelle Yeary

    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…

  2. 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…

  3. Land Use Prof Blog

    New York’s highest court holds local governments have power to regulate fracking under zoning authority

    By Stephen R. Miller

    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…

  4. Sixth Circuit Appellate Blog

    The Sixth Circuit Applies Bartlett and Mensing to Preempt Claims Against Generic Drugmakers

    By Colter Paulson

    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…

  5. Drug & Device Law

    Fosamax Plaintiffs Between A Rock And A Hard Place

    By Eric Alexander

    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…

  6. 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…

  7. 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…

  8. 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…

  9. Drug & Device Law

    Preemption. Beautiful, Beautiful Preemption

    By John Sullivan

    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…

  10. Drug & Device Law

    What a Difference Premarket Approval Makes

    By Steven Boranian

    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…