Topic
Preemption
1,722 published works
Drug & Device Law
Unhappy Updates
By Bexis
Updates are not necessarily a good thing, but we suppose they can be necessary. So here are a couple. First, some time ago we blogged about Degelmann v. Advanced Medical…
Drug & Device Law
Food Preemption, and Frankenstorm’s Coming
The outdoor furniture is in the garage. So are the potted plants. The basketball net, with its 10-foot metal pole and base full of sand, has been pulled down and…
Drug & Device Law
A Sliver of Impossibility, Perhaps?
By Bexis
What follows is a guest post by Dick Dean and Corena Larimer at Tucker Ellis, which (other than our home firm) has more subscribers to the Blog than any other. As…
Drug & Device Law
Demahy’s Done
By Bexis
Breaking news, sort of. The plaintiff in the Demahy half of what was Mensing in the Supreme Court is nothing if not persistent. Now she's just nothing. She tried to…
Mass Tort Litigation Blog
Stacey Lee on Federal Preemption of Generic-Drug Failure-to-Warn Claims
By joetort
Professor Stacey Lee (Johns Hopkins, Carey School of Business) has posted to SSRN her article, Pliva v. Mensing: Generic Consumers' Unfortunate Hand, Yale J. Health Pol'y L. & Ethics (forthcoming 2012).…
Drug & Device Law
Texas, and Buckman and TwIqbal and Other Good Things
Everything seemed to go right for the defense in Anderson v. Abbott Labs., 2012 U.S. Dist. LEXIS 141585 (N.D. Tex. Sept. 30, 2012). The court applied Buckman preemption, it applied…
Constitutional Law Prof Blog
Court Grants Certiorari in Arizona Voting Case: Preemption and Citizenship Issues
By ConLawProf initials at end of post
Today the United States Supreme Court granted the petition for certiorari of the State of Arizona in Arizona v. The Inter-Tribal Council of Arizona, from the Ninth Circuit's en banc opinion in…
Sentencing Law and Policy
Will there be a “constitutional showdown” if a state legalizes pot? And would that be so bad?
Main October 15, 2012Will there be a "constitutional showdown" if a state legalizes pot? And would that be so bad? The question in the title of this post are prompted…
Drug & Device Law
New Jersey OTC Preemption Decision
We don’t spend much time on this blog on over-the-counter (“OTC”) drugs, but when OTC crosses paths with preemption in our own backyard, we can’t help but be interested. …
Drug & Device Law
Don’t Forget FDA Prosecutorial Discretion
By Bexis
We’ve blogged a lot about implied preemption under Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), and in particular how the FDCA expressly bars private enforcement of purported violations of…