Topic
Preemption
1,722 published works
Drug & Device Law
Presuming Preemption Out
We read the decision in Tigert v. Ranbaxy Pharms., No. 12-00154 (RBK/JS), 2012 U.S. Dist. LEXIS 178475 (D.N.J. Dec. 18, 2012), with interest. It involved a recurring question that…
Drug & Device Law
Preemption Wonderland
For the holidays, we have for you the story of Littlebear v. Advanced Bionics, LLC, 2012 U.S. Dist. LEXIS 179388 (N.D. Ok. Dec. 19, 2012). The story is to be sung,…
Constitutional Law Prof Blog
Fifth Circuit Strikes State Anti-Spoofing Law
By ConLawProf initials at end of post
The Fifth Circuit earlier this week ruled in Teltech Systems, Inc. v. Bryant that Mississippi's Caller ID Anti-Spoofing Act was preempted by the federal Truth in Caller ID Act of…
Sentencing Law and Policy
Timely new Cato policy analysis on federal supremacy and pot prohibition reform
Main December 11, 2012Timely new Cato policy analysis on federal supremacy and pot prohibition reform I was pleased to learn via e-mail that the Cato Institute has just released a…
Drug & Device Law
Supreme Court to Hear Bartlett
By Bexis
As we had hoped, the United States Supreme Court agreed today to review the First Circuit's remarkable ruling in Mutual Pharmaceutical Co. v. Bartlett, that a state court plaintiff can argue…
The Appellate Strategist
Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful
As we have briefly explored here, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the…
Drug & Device Law
Primary Jurisdiction: A Natural Alternative to Preemption
There was much gnashing of teeth among members of the defense bar in the wake of Wyeth v. Levine's curtailment of FDA preemption. It felt like a missed opportunity. But some of our…
The Appellate Strategist
Stengel Preemption on En Banc Review
As we noted here, the Ninth Circuit Court of Appeals’ decision in Stengel v. Medtronic Inc. is making its way through en banc review. Stengel, which involved both Riegel express preemption and…
ImmigrationProf Blog
Immigration Article of the Day: Immigration Federalism & Preemption in Arizona v. United States by Troy Fuhriman
Immigration Federalism & Preemption in Arizona v. United Statesby Troy Fuhriman, Kyungpook National University Law School; University of Maryland University College - AsiaAugust 30, 2012Study of American Constitutional Law, Vol.…
Energy & Environmental Law Blog
PA: Pre-Emption History
By Greg Russell
The Pittsburgh Post-Gazette has an interesting (brief) history of the issue of pre-emption and natural gas concerns in Pennsylvania. Regarding natural gas distribution systems in the late 1800s: "A Pittsburgh…