Topic
Preemption
1,722 published works
Employment & Labor
ERISA’s “Ordinary Conflict Preemption” Is Not a Basis for Federal Jurisdiction; “Complete Preemption” Is
The Fourth Circuit recently gave a succinct reminder about the difference between ordinary conflict preemption and complete preemption, and how those two doctrines impact federal jurisdiction. In Moon v. BWX…
Drug & Device Law
Bartlett – DOJ Says Remove-From-The-Market Claims Preempted
By Bexis
It’s written somewhat strangely – weak at the beginning, strong at the end – but the Department of Justice’s amicus curiae brief , filed yesterday in Mutual Pharmaceutical Co. v. Bartlett, No.…
ImmigrationProf Blog
Immigration Preemption after Arizona v. United States
PENNumbra, the University of Pennsylvania Law Review's online publication, has a discussion between Professors Peter Spiro (Temple) and Kit Johnson (Oklahoma) on "Immigration Preemption after United States v. Arizona."In the…
Drug & Device Law
Positive PMA Preemption Pronouncements
We are so used to favorable PMA preemption rulings, that previously we may have just added these next two cases to our regular tallies and moved on. In light…
The Appellate Strategist
En Banc Ninth Circuit Adopts Narrow Construction of Buckman Implied Preemption
As we last noted here, the expansive interpretation in Stengel v. Medtronic Inc. of implied preemption of state law medical device claims has been under en banc review. The en…
Drug & Device Law
Does the “N.D.” in N.D. Mississippi Stand For No Doubt? A Good Decision on Branded and Generic Liability
We were recently talking with the Drug and Device Law Heirs about going to a movie. There was a suggestion to see Les Miserables, but we declined. We had sat…
TortsProf Blog
More on Stengel v. Medtronic (Ninth Circuit Preemption Decision)
Over at Torts Today, George Conk has commentary on Stengel v. Medtronic, the Ninth Circuit preemption decision reported here last week. - SBS
Drug & Device Law
Stengel Revisited – We Simply Don’t Like It
As alluded to by Bexis last week, we know all about Stengel, but because of Reed Smith's involvement, this post is from the Dechert folks only.When we first reported on Stengel…
TortsProf Blog
Ninth Circuit Allows Failure to Warn Medical Device Case to Proceed
Muddling the preemption waters, the Ninth Circuit has ruled that a plaintiff can bring a state law failure to warn claim against a medical device manufacturer. The court found the…
Drug & Device Law
Yes, We Know About Stengel
By Bexis
However it's our case, so the Reed Smith side can't comment on it ... period. Maybe the Dechert side will. All we can do at this time is provide our…