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Preemption

1,725 published works

  1. TortsProf Blog

    Two by Sharkey on the Role of Agencies

    By Christopher Robinette

    Cathy Sharkey (NYU) has posted two pieces to SSRN.  First up is Tort-Agency Partnerships in an Age of Preemption.  The abstract provides:At the core of the tort preemption cases before the…

  2. Drug & Device Law

    Rule 702 and Summary Judgment Rulings in Minnesota Aredia-Zometa Case

    By Stephen McConnell

    We were surprised by the article in the New York Times this weekend about how the Supreme Court revises some of its opinions years later.  Those changes are picked up in some…

  3. Drug & Device Law

    How to Flunk the Bass v. Stryker “Parallel Violation” Claim Checklist

    By Michelle Yeary

    The Fifth Circuit’s decision in Bass v. Stryker allowing a parallel violation claim to survive a motion to dismiss based on allegations of violations of CGMPs earned an honorable mention in our…

  4. Drug & Device Law

    Travels with Bexis

    By Stephen McConnell

    Bexis is away on vacation this week.  In the past when Bexis has vacated, some uncharitable readers have alleged that the posts on this blog become lighter, maybe even frivolous.  We object.…

  5. Drug & Device Law

    With Yet Another One-Two Combination, Claims against Generic and Branded Manufacturers in the Metoclopramide Litigation Go Down

    By John Sullivan

    (This post comes from the non-Dechert side of the blog.) Like the court, we start at the end, with the knockout blow.  Here’s how the court set it up: It…

  6. Labor Law Prof Blog

    Preemption Laws and Goldilocks

    By Workplace Prof

    A recent opinion piece in Al Jazeera America (H/T Sam Bagenstos, @sbagen) calls attention to the ongoing lobbying efforts of the American Legislative Exchange Council (ALEC) and the National Restaurants…

  7. Drug & Device Law

    Dicta Gone Wild on Generic Preemption

    By Eric Alexander

    We talk about preemption so often that we can be hesitant to post on preemption cases unless we can see that they offer something new or different.  (Except for Bexis. …

  8. Drug & Device Law

    Breaking News – Third Circuit Holds Generic Fosamax Claims Preempted

    By Bexis

    Thanks to Terry Henry at Blank Rome for sending along today’s preemption decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation (No. II), No. 12-2250, slip op. (3d Cir.…

  9. Drug & Device Law

    Infuse Goes Tropical

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog only. It is a bit chilly and dreary in the Mid-Atlantic region today.  So, we went looking for something…

  10. Drug & Device Law

    A District Court Takes an Exacting Look at Parallel Violation Claims

    By John Sullivan

    We talk a lot about preemption here.  Click on the preemption topic on the side of our webpage (here) and you’ll get pages and pages of posts.  That isn’t surprising.  Preemption can end a…