Topic
Preemption
1,722 published works
Drug & Device Law
Off-Label Use Does Not Violate California Experimentation Statute
By Bexis
...and the claims are preempted to boot! This just in: The Ninth Circuit has ruled that off-label use is not medical experimentation under a California statute, the Protection of Human…
Drug & Device Law
Bartlett Oral Argument – The Supreme Court Encounters Tort Marxism
By Bexis
No, we didn’t attend the Bartlett oral argument, but the Supreme Court has become wonderfully efficient at providing argument transcripts. So we’ve read through the argument. Our strongest impression is, boy, is Bartlett a…
Understanding the ADA
Air Carrier Access Act revisited: just what is preempted?
Previously, I have written two different blog entries dealing with the Air Carrier Access Act. In the first, I talked about whether a private cause of action existed. In the…
Drug & Device Law
New Jersey Court Finds No Parallel Claim and No Component Liability
In a post Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), world – plaintiffs most often attempt to avoid preemption of products liability suits involving PMA (Premarket Approval) medical devices by…
Drug & Device Law
Bartlett Argument Today
By Bexis
Bartlett – that is to say Mutual Pharmacy Co. v. Bartlett, No. 12-142 – is being argued in the United States Supreme Court today. All of the briefs, and lots of other useful…
Drug & Device Law
Pom Gets More and More Wonderfuller
Pom Wonderful continues to be so. Last year it produced a terrific 9th Circuit opinion reinforcing that only the United States, not private plaintiffs, can enforce the FDCA and FDA…
TortsProf Blog
Leslie Kendrick: “The Impossibility of Impossibility Preemption”
When the Supreme Court hears oral argument in Mutual Pharmaceutical Co. v. Bartlett, it will embark on its third elaboration of “impossibility preemption” in the prescription-drugs context. This line…
Drug & Device Law
Breaking News – Sixth Circuit Allows “Failure to Update” Claims
By Bexis
It's only a small piece of what product liability claims are all about, but the Sixth Circuit in Fulgenzi v. PLIVA, Inc., No. 12-3504, slip op. (6th Cir. March 13,…
Drug & Device Law
An Earful of Preemption
By Bexis
We don’t know whether it’s the complex nature of the product (a cochlear implant) or if it’s the erudition of defense counsel (Wheeler Trigg), but preemption decisions involving this defendant (Advanced Bionics) have…
Boston ERISA & Insurance Litigation Blog
Preemption of Misrepresentation Claims
Longtime readers of this blog know that I don’t comment on my own on-going cases, but that I will pass along interesting decisions from my cases, without much comment or…