Topic
Preemption
1,722 published works
Drug & Device Law
Vitamin C Claims Preempted
“Don’t leave home without it.” “Takes a licking and keeps on ticking.” “Just do it.” “Tastes great, less filling.” Iconic ad campaigns so recognizable that we don’t even need to…
Drug & Device Law
The Gray View on Device Preemption
As we trudge through these gray days of Winter, we cannot help but think we have made a mistake. Our calendar and geography are askew. February in Philly is joyless. …
Drug & Device Law
A Short and Sweet Preemption Decision (and Continued Oscar Coverage)
Yesterday we gave you our take on this year’s Best Picture winner, so today we thought we’d give you our opinion on the Oscars themselves (not sure that this represents…
Drug & Device Law
Preemption in the Land of 10,000 Medical Devices
By Bexis
For some reason, just as pharmaceutical manufacturing is concentrated in New Jersey and Southeastern Pennsylvania, and just as there are an abnormal number of Class II implant manufacturers in Indiana, the epicenter of…
Securities Law Prof Blog
FINRA Hearing Panel Finds that Federal Arbitration Act Preempts FINRA Arbitration Rule
Charles Schwab amended its customer agreement to prohibit customers from bringing class actions in court. FINRA brought a disciplinary proceeding charging that the provision violated FINRA's rules that prohibit any…
Drug & Device Law
The Fifth Circuit Says No: No “Duty of Additional Communication” Claims, No “Duty to Update” Claims; and Just No to Bartlett
While waiting for next month’s Bartlett oral argument and then the Supreme Court’s decision, and as plaintiffs continue to prod and poke to find ways around Mensing, the Fifth Circuit…
Supreme Court Update
Order Lists-January 11, 14, and 18, 2013
By Kim Rinehart
The Court has been quiet the past few weeks, so it's the perfect time for us to catch up on cert grants, starting with a pair of preemption questions: The…
Ohio Environmental Law Blog
Ohio Court Finds State Law Preempts Local Oil & Gas Ordinances
Across the country more local governments are attempting to pass their own ordinances regulating or even prohibiting natural gas drilling in their jurisdictions. Under home rule principals, the typical rule…
Intellectual Property
Trade Secret Preemption Revisited
This blog has periodically visited the issue of preemption in trade secret cases. Preemption arises when a plaintiff alleges common law causes of action (such as conversion or interference with…
Drug & Device Law
Spherical Error Revisited
By Bexis
Every now and then we run into a decision that we think is wrong in so many different ways that we call it an example of “spherical error” – that is, error…