Topic
Preemption
1,723 published works
Drug & Device Law
Another Parallel Violation Claim Survives in the 7th Circuit
We have another “parallel violation” decision from the Northern District of Illinois and another head scratcher. See Tillman v. Smith & Nephew, Inc., 2013 U.S. Dist. LEXIS 100299 (N.D. Ill. July 18,…
Drug & Device Law
Device Preemption – Just The Facts
By Bexis
We just learned about Pinsonneault v. St. Jude Medical, Inc., No. 0:12-cv-01717-PJS-JSM, slip op. (D. Minn. June 13, 2013). We think the court's preemption analysis would be of interest to…
Drug & Device Law
Shoes Begin To Drop Post Bartlett
By Bexis
Things are not looking good for generic drug product liability plaintiffs after Bartlett. In New Jersey, Judge Higbee - whom nobody would claim to be a pro-defense judge - has…
Drug & Device Law
A Preemption Win For An Innovator Drug
By Bexis
Since the unfortunate decision in Wyeth v. Levine, 555 U.S. 555 (2009), successful applications of preemption against warning claims asserted in litigation involving innovator (branded) drugs have been depressingly rare.…
Drug & Device Law
FDA Device Clearance – Clearly Relevant
By Bexis
If somebody were to ask us whether as a general proposition it’s relevant to the presentation of a product liability case about a prescription medical product that the FDA had approved/cleared the…
Drug & Device Law
Ruminations on Independence and Inaction: Further Implications of Bartlett
By Bexis
This is more of a think piece, we won’t be citing many cases (by our standards) today. There are two preemption principles at work in the Supreme Court’s recent Bartlett decision. The…
Drug & Device Law
M.D. Fla. Rejects Non-Specific Parallel Violation
In a week with the Supreme Court’s Bartlett preemption ruling, every other drug and device case looks like small potatoes. But we actually like small potatoes. And we love tater tots. And…
Drug & Device Law
More Breaking Preemption News
By Bexis
It's not the Supreme Court (there are no preemption cases left to be decided this term), but still this is welcome. Thanks to Jay Lefkowitz at Kirkland for letting us…
Boston ERISA & Insurance Litigation Blog
Cancelling a SERP and the Limits of Preemption
One of the more singularly interesting problems in ERISA litigation for anyone who, like me, greatly enjoys the complexities of civil procedure is the interplay of preemption (which, as we…
Constitutional Law Prof Blog
Court Says Federal Law Preempts State Design-Defect Drug Claim
By ConLawProf initials at end of post
A sharply divided Supreme Court ruled (5-4) today in Mutual Pharmaceutical Co., Inc. v. Bartlett that the Federal Food, Drug, and Cosmetic Act, or FDCA, preempted a state-law design-defect claim against…