Topic
Preemption
1,725 published works
Drug & Device Law
Express Preemption: This Is How It Is Supposed to Work
Sometimes we hear people say that they know just enough to be dangerous. Homeowners who do their own electrical work fall into this category, as do friends and family who…
Drug & Device Law
Water Under the Preemption Bridge
Today is the birthday of Copernicus, the great Polish astronomer who concluded that the earth revolved around the Sun. Anyone who has consistently read this blog knows that our Sun…
From the Ground Up
Does CERCLA Preempt State Statutes of Repose?
By Jeff Miller
The U.S. Supreme Court scheduled oral argument for April 23, 2014, in CTS Corp. v. Waldburger. For some cases brought under state law and involving hazardous substances, CERCLA preempts state statutes…
All About Advertising Law
Not an Easy Recipe – Courts Struggle with the Intersection of FDA Food Labeling Regulations and Private Causes of Action
By Jessie F. Beeber, Sarah Abramson
The Federal Food, Drug, and Cosmetic Act and the Nutrition Labeling and Education Act of 1990, along with all of their corresponding regulations, create a complex and uniform system of…
Boston ERISA & Insurance Litigation Blog
Liberty Mutual v. Donegan: The Second Circuit Reinforces the Broad Scope of ERISA Preemption
The Second Circuit has just released its opinion in Liberty Mutual v. Donegan, which concerns whether certain Vermont state reporting regulations are preempted as applied to an ERISA governed plan.…
Drug & Device Law
Mensing – It’s Not Just About Generics Anymore
By Bexis
We’ve been saying this for a while now – the impossibility preemption rationale created in Wyeth v. Levine, 555 U.S. 555 (2009), and weaponized by our side in PLIVA v. Mensing, 131 S.…
Drug & Device Law
Progress on Design Defect Preemption
By Bexis
This post is not from the Dechert side of our tripartite blog. We are particularly pleased with the result in Drager v. PLIVA USA, Inc., ___ F.3d ___, 2014 WL…
Drug & Device Law
Another Decision to Allow the Use of Publicly Available FDA Documents on a FRCP 12(b)(6) Motion to Dismiss
Poll v. Stryker Sustainability Solutions, Inc., 2014 U.S. Dist. LEXIS 6309 (D. Az. Jan. 17, 2014), is a pretty good preemption decision but, more important, another decision holding that courts…
frESH
US Supreme Court to Hear CERCLA Preemption Case
The US Supreme Court recently announced it will hear an appeal of the Fourth Circuit's decision in Waldburger v. CTS Corp., No. 12-1290 (4th Cir. 2013) involving the preemption of state statutes of repose…
Drug & Device Law
New Stuff From Our Readers
By Bexis
One of the benefits of blogging is that, after a while, dedicated readers start helping us out. Usually, we’re in a position simply to pass what we receive along to the rest…