Topic
Preemption
1,722 published works
Drug & Device Law
Mark Marcum Down as a Not-So-Good Case on Preemption and TwIqbal
We are looking forward to this week’s DRI Drug and Medical Device Seminar and the opportunity to get together with so many old friends. We'll learn some new things, relearn too…
Drug & Device Law
Third Circuit Calls on Preemption to Oust New Jersey Food Claims
Last year, we blogged about the District of New Jersey’s dismissal of a putative class action involving the margarine substitute, Benecol Spread. See here. In celebrating the win, we focused…
The Appellate Strategist
The California Supreme Court Confirms the Power of Local Governments to Regulate Medical Marijuana
Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities…
Constitutional Law Prof Blog
Court Says Plaintiff Can Bring State Suit for Illegal Sale of His Car
By ConLawProf initials at end of post
The Supreme Court ruled today in Dan's City Used Cars, Inc. v. Pelkey that federal law does not preempt a plaintiff's state law claim against a towing company for the illegal…
Drug & Device Law
New Plaintiff Argument Against Generic Drug Preemption Rejected
By Bexis
...And it's from Pennsylvania. Judge Stanton Wettick, from Allegheny County (who is certainly in the running for most respected CP judge in the state) has issued an opinion, Krelic v.…
Drug & Device Law
Another Preemption Win for Branded and Generic Manufacturers
This post is from the Reed Smith side of the blog only – the Dechert lawyers were not involved. The Iowa Court of Appeals has affirmed summary judgment entered in favor of…
Drug & Device Law
Twice in One Month
We hadn’t blogged about the Biomaterials Access Assurance Act (“BAAA”), 21 U.S.C. §§1601-1606, since 2008 (see post), and now we are posting about it for a second time this month. …
Drug & Device Law
A Honey of a Litigation – Part 2
It has been about two months since we first posted about the swell of class action litigation over honey. Your homework at that time was to watch The Bee Movie…
Drug & Device Law
Reed Smith New Jersey Double Play
By Bexis
Reed Smith won two separate decisions in New Jersey yesterday. One of them, In re NuvaRing Litigation, No. Ber-L-3081-09, slip op. (N.J. Super. L.D. April 19, 2013), we’re not at…
Constitutional Law Prof Blog
Argument Review: Does a Port’s Enforcement Have the Force and Effect of Law?
By ConLawProf initials at end of post
The Supreme Court heard oral arguments yesterday in American Trucking Association v. City of Los Angeles, the case asking whether federal law preempts the Port of Los Angeles's "concession agreement"…