Topic
Preemption
1,725 published works
Drug & Device Law
Conflict Preemption: Would FDA Reject the Warning?
We don’t agree with Wyeth v. Levine. We particularly don’t agree when courts extend Wyeth v. Levine beyond its actual holding to reach questionable results. That is what recently happened…
Drug & Device Law
Class III Walkover in Missouri
Today’s post would normally come from our artsiest contributor. We expect that such a post would compare some decision to the movies for which awards were handed out at Sunday’s “Golden Globes,” possibly…
Drug & Device Law
Another InFuse Off-Label Win
This post is from the non-Reed Smith side of the blog only. It has been almost two months since we’ve posted about an InFuse decision and in case you’ve forgotten,…
Drug & Device Law
Federal Circuit Bats An Eye At FDCA Preemption
We don’t get to write much about the Federal Circuit. It is unique in our federal court system in that it has nationwide jurisdiction over specialized subjects, most notably patent and trademark. We…
Drug & Device Law
The Bad and the Ugly – The Worst Prescription Drug/Medical Device Decisions of 2013
By Bexis
Today’s post contains our annual list of those court decisions concerning prescription drugs and medical devices that are so bad and ugly that they leave us talking to ourselves –…
Drug & Device Law
Bausch Strikes Again
This morning we posted about just how strong the preemption defense can be for pharmaceutical and device manufacturers. And not to hide the light of preemption under a bushel, but there is…
Drug & Device Law
The FDA, Preemption, And Warnings About Risks Of Off-Label Use
By Bexis
Contrary to popular belief – even among some lawyers – off-label use is not necessarily entirely off-label. That’s a good thing, too. One of the things we’ve harped on with this blog is that off-label…
Drug & Device Law
Prescription for Trouble
This blog has been up and running long enough such that certain themes have cropped up several times. Or to put it more bluntly, we occasionally repeat ourselves. Well, we…
Drug & Device Law
It’s Hip To Be Preempted
Today we bring you a third case in one week regarding prosthetic hip implants. Here and here we reported on courts correctly ruling that plaintiffs had not adequately pleaded product liability claims…
The Trademark Blog
Discussion of Preemption Doctrine and Copyright Act
Buttner v RD Palmer, NDNY, November27, 2013: Plaintiff alleges copyright infringement, as well as unjust enrichment. Discussion of relationship between federal copyright act and NY state business torts, as well…