Topic
Preemption
1,722 published works
Drug & Device Law
While Waiting For Bartlett
By Bexis
While we’re waiting for the Supreme Court to issue its preemption ruling in the Bartlett case (possibly as early as 10:00 a.m. today), we thought we’d examine the Court’s recent preemption…
Wage & Hour Law Update
Florida Prohibits Local Paid Sick Leave Ordinances
As widely reported, on May 8, 2013, the New York City Council passed the Earned Sick Time Act, providing time off for illness, either paid or unpaid depending on an…
Energy Law Report
Ohio Supreme Court Will Hear Appeal — Do ODNR Regulations Preempt Local Ordinances?
The City of Munroe Falls filed an appeal from a decision of the Ninth District Court of Appeals, which held that some of the Munroe Falls ordinances were preempted by…
Construction Law
Maritime Law Does Not Preempt State Safety Laws When The State Laws Do Not Unduly Interfere With Maritime Law
By K&L Gates
Durando v. City of New York, 963 N.Y.S.2d 670 (N.Y. App. Div. 2013) In this case, the New York Appellate Division, Second Department, addressed the interaction of New York state construction law…
Drug & Device Law
Breaking News – Innovators Ring The Bell In a Generic Case (And The Generics Do OK, Too)
By Bexis
This post, being about metoclopramide/Reglan, is from the ReedSmith side of the blog only. The Eighth Circuit decided branded and generic liability issues today in Bell v. Pfizer, Inc., No…
PropertyProf Blog
Supreme Court Decides Water Law Case
By propertyprof
From SCOTUSblog:This morning Justice Sotomayor delivered the opinion for a unanimous Court in Tarrant Regional Water District v. Herrmann. The petitioner in this case, a Texas state agency responsible for…
Class Defense Blog
Are State-Law Claims for Violating Federal Food Labeling Law Preempted?
The federal Food Drug and Cosmetic Act (“FDCA”)—along with the implementing regulations promulgated by the FDA—sets out a detailed national standard for much of what appears on food and beverage…
Environmental Law Prof Blog
ATA v. City of Los Angeles: Ports, Trucks and the Market Participant Exception Take a Tour of the Supreme Court
Back in mid-April I made my first visit to the Supreme Court of the United States, in order to hear oral argument in American Trucking Associations v. City of Los…
Drug & Device Law
Latest A-Z Motion In Limine Rulings Are Anything But Boring
By Bexis
We occasionally blog about motion in limine rulings, but not nearly as often as we read this type of decision. Let’s face it, as blogging material (as opposed to…
Drug & Device Law
Plaintiff’s Second Try Still Preempted
This one's from the Dechert side only. We talk about a lot of motions to dismiss on this blog and being a defense blog, the overwhelming majority are successful. Motions…