Topic
Preemption
1,722 published works
Drug & Device Law
Shameless Plagiarism, Texas Style
By Bexis
One of the avowed purposes of the blog is to make available to all defense lawyers the kind of extremely detailed legal research that that we large firm lawyers frequently end up doing. …
Drug & Device Law
Pleading and Preemption Pandemonium in Potatoland
Last week, we were reminded that Eliot wrote that April was the “cruellest month.” This week, the Elliott case reminds us of the wasteland that can result when vague complaints meet…
Drug & Device Law
When Is Off-Label Use Not Off Label?
By Bexis
We've read Phelps v. Wyeth Inc., No. 09-6168, slip op. (D.Or. April 2, 2013) (also at 2013 WL 1403060). In general, Phelps is another rather dismal Fulgenzi-type decision holding involving metoclopramide and holding…
Drug & Device Law
That Was The Week That Was
By Bexis
A lot of things happened last week – so much that our usual wrap-up search last Friday took over three hours, which is more than twice as long as normal. Since there…
Drug & Device Law
The Rights of Spring: A Vernal Trio on Mensing/Conte, FDA Evidence, and Hack Experts
Maybe it is the hopeful anticipation of the cherry blossoms or the long-awaited spring thaw, but we were feeling generous as we read three recent decisions that touched on some…
Wage & Hour - Developments & Highlights
Use Of Preemption Defense In Wage-Hour Lawsuit May Kill Entire Action
When I am faced with a wage suit, whether individual or class action, I always look for a “magic bullet” a quick fix, a tactic that might make the entire…
Constitutional Law Prof Blog
Indiana Can’t Have its Own Immigration Policy, Either
By ConLawProf initials at end of post
The United States District Court for the Southern District of Indiana last week ruled in Buquer v. City of Indianapolis that two provisions of Indiana's immigration law, SEA 590, were preempted…
Healthcare Law Insights
U.S. Supreme Court Addresses “Failure to Warn” Negligence Claims in Rx Warning Labels
New Hampshire law applies a hybrid design-defect standard that imposes liability for harm caused by a drug product if the drug product, in light of the manufacturer’s warning on the…
Drug & Device Law
D.Md. Rejects Conclusory Parallel Violation Exception to Preemption
We like Riegel preemption because the oscillations of state tort juries should not supplant FDA regulation of medical devices. We like Twombly and Iqbal because plaintiffs should plead sensible facts…
Drug & Device Law
Life After Stengel . . . There’s Hope
This year started off a little scary. But that was winter – dark, cold, dreary. With spring we look forward to brighter skies, warmer weather, blooming flowers – things that…