Topic
Preemption
1,725 published works
Drug & Device Law
That Theory Won’t Hunt
By Bexis
Last week brought another example of the chaos being caused in preemption jurisprudence by the Supreme Court’s sloppily reasoned decision in Wyeth v. Levine, 555 U.S. 555 (2009). Prior to…
Drug & Device Law
Breaking News – Fosamax Preemption Ruling Extended To Other MDL Cases
By Bexis
Last July we discussed a rare event, a preemption win for an innovator drug under the Wyeth v. Levine, 555 U.S. 555 (2009), “clear evidence” standard. However, that case, In…
Drug & Device Law
Preemption Applies Even Though the Device Was Cleared under §510(k) and Used Off-Label
In Bertini v. Smith & Nephew, Inc., 2014 U.S. Dist. LEXIS 35837 (E .D.N.Y. March 17, 2014), the Eastern District of New York applied preemption to a device case that…
The Appellate Strategist
A Brief Overview of the Case Law Regarding “Failure to Train” Claims – And Its Implications for Medical Device Manufacturers
[The following was originally published in Westlaw Journal Pharmaceuticals. It is reprinted here with permission © 2014 Thomson Reuters.] In recent years, causes of action for “failure to train,” or allegations…
Wage & Hour Litigation Blog
Company Cries “Fowl” Over Jury Verdict, Fourth Circuit Agrees — Poultry Workers’ State Law Wage Claims Are Preempted by Federal Law
Co-authored by Arthur Rooney and Abad Lopez In a victory for limiting the avenues available to employees covered by collective bargaining agreements, the Fourth Circuit Court of Appeals held that…
TortsProf Blog
Zipursky on Meltzer on Preemption
At JOTWELL, Ben Zipursky discusses Daniel Meltzer's Preemption and Textualism.--CJR
Drug & Device Law
Breaking News – Consumer Expectations Test Preempted
By Bexis
This breaking news post is from the non-Dechert bloggers, because it discusses a metoclopramide case. Like the Drager case we told you about earlier, another case has held that, in…
Arbitration Nation
The Preemption Club
By Liz Kramer
California is the Judd Nelson of The Preemption Club. (Or the John Bender, if you prefer using character names.) The Supreme Court has sent the California courts to preemption detention for…
Drug & Device Law
Another One-Two Punch Landed in the Fifth Circuit
Of all the catch phrases that we have coined or popularized (see Twiqbal), one of our favorites is the “one-two punch,” our affectionate label for post-Mensing cases holding that (1)…
Drug & Device Law
A Removal Win With a Word of Caution
This post is from the non-Reed Smith side of the blog. We embrace all defense wins on this blog. From the small and routine to the precedent-setting. From discovery violations to appeals and…