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Preemption

1,724 published works

  1. Drug & Device Law

    Is It Butter Or . . . ?

    By Michelle Yeary

    We hope at least some of our readers will recall the classic ad campaign where a tub of Parkay margarine would try to trick celebrities into thinking it was butter…

  2. Drug & Device Law

    Another Notch on Medtronic’s Preemption Belt

    By Michelle Yeary

    This is from the Dechert side of the blog only. Last week we gave you a lot of Medtronic decisions to mull over and to mostly be happy about.  And,…

  3. Drug & Device Law

    The Infuse Litigation – Making Good Off-Label Use Law

    By Michelle Yeary

    This post is from the Dechert side of the blog only. This summer saw a flood of decisions involving Medtronic’s Infuse bone graft system from all across the country.  State…

  4. Drug & Device Law

    Preemption – A Counter To Dean Chemerinsky’s Proposal

    By Bexis

    Anybody who has ever had the pleasure of listening (as we have) to Dean Erwin Chemerinsky  expound upon the Supreme Court’s constitutional decisions knows that the man is drop-dead brilliant. …

  5. ImmigrationProf Blog

    Immigration Article of the Day: Preemption and Textualism by Daniel J. Meltzer

    By immigrationprof

    Preemption and Textualismby Daniel J. Meltzer Harvard Law School, Michigan Law Review, Forthcoming Abstract: In the critically important area of preemption, the Supreme Court’s approach to statutory interpretation differs from…

  6. Drug & Device Law

    Post-Bartlett, Post-Mensing, Tenth Circuit Correct on All Counts

    By Steven Boranian

    We have written many times on generic drug cases (here and here) and plaintiffs’ attempts to pin liability where none exists. You might think you have read enough on how…

  7. Drug & Device Law

    More On Aredia/Zometa – Innovator Drug Preemption

    By Bexis

    Our recent post on the outcome of the plaintiffs’ in limine motions in the Guenther Aredia/Zometa case prompted a volcanic retort from one of the plaintiffs’ counsel (who will remain anonymous)…

  8. Defense Litigation Insider

    Massachusetts Court Finds Plaintiffs’ Claims Against Generic Drug Manufacturers Are Barred By Preemption

    By Jonathan F. Tabasky

    Written by Jonathan F. Tabasky and Kate B. Puccio Massachusetts Superior Court Judge Bruce R. Henry recently dismissed a series of claims against several manufacturers of the generic drug Metoclopramide…

  9. Drug & Device Law

    TwIqbal and Preemption Sink E.D. Louisiana Defibrillator Claim

    By Stephen McConnell

    Perhaps you've seen the video of trees disappearing into a Louisiana bayou sinkhole.  It is dramatic and it reminds us of the feeling that Louisiana litigation has occasionally served up…

  10. Drug & Device Law

    ABA Roundtable on Bartlett and Its Implications

    By Bexis

    We would like to invite all blog readers to a call-in Roundtable forum being hosted by the Mass Tort Committee of ABA’s Litigation Section (Bexis is the editor of the…