Topic
Preemption
1,725 published works
ImmigrationProf Blog
Immigration Article of the Day: Branded to Drive: Obstacle Preemption of North Carolina Driver’s Licenses for DACA Grantees by Tung Sing Wong
Branded to Drive: Obstacle Preemption of North Carolina Driver’s Licenses for DACA Grantees by Tung Sing Wong, Hamline Law Review: Vol. 37: Iss. 1,Abstract: On March 25, 2013, North Carolina…
PropertyProf Blog
Hills on Hydrofracking and Home Rule
Rick Hills (NYU) has posted Hydrofracking and Home Rule: Defending and Defining an Anti-Preemption Canon of Statutory Construction in New York (Albany Law Review) on SSRN. Here's the abstract:Extracting natural…
Drug & Device Law
Hip Order on Preemption Plays a Sour Note
The district court’s express preemption ruling in Simoneau v. Stryker, Corp., No. 3:13-CV-1200, 2014 U.S. Dist. LEXIS 43137 (D. Conn. Mar. 31, 2014), reminds us of the piano we learned…
Drug & Device Law
The Perils of Letting Regulatory Experts Run Wild
By Bexis
Although Czimmer v. Janssen Pharmaceuticals, Inc., 2014 WL 1335511 (Pa. C.P. Philadelphia Co. Jan. 2, 2014), was decided several months ago, we only became aware of it (because of our…
GlobalTort
Litigation Industry Cross-fire
By Kirk Hartley
The cross-fire never ceases among members of the litigation industry. Nathan Schactman recently posted an interesting new attack on the plaintiff's bar, tied mainly to the FDA and federal pre-emption…
Drug & Device Law
The More Things Change, The More They Remain The Same
By Bexis
Not too long ago (March 28, and April 2) we read with interest a couple of articles on 360 that brought back unpleasant memories. The articles discussed congressional inquiries to the…
Drug & Device Law
Causation Requirement Trips Up Off-Label End-Run Around Mensing
Happy Birthday LEXIS/NEXIS, whose legal research service went up on this date back in 1973. There’s no doubt that LEXIS/NEXIS has made our professional lives considerably easier. We’ve long since…
Civil Procedure & Federal Courts Blog
SCOTUS Issues Preemption Decision
By Robin Effron
Lost in today's coverage of the campaign finance case might be the fact that SCOTUS has ruled on a preemption issue. In Northwest, Inc. v. Ginsberg, the Court found that…
Drug & Device Law
An Infusion of Infuse
This post is from the non-Reed Smith side of the blog only. Since September we’ve been bringing you news from the Infuse litigation on about a monthly basis. The overwhelming…
TortsProf Blog
Sharkey on Preemption
Cathy Sharkey (NYU) has posted to SSRN State Farm 'with Teeth': Heightened Judicial Review in the Absence of Executive Oversight. The abstract provides:While courts and commentators have considered the information-forcing…