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Preemption

1,722 published works

  1. Drug & Device Law

    Innovator Liability for Generic Drugs: The Answer Is Still No

    By Bexis

    What follows is a "guest post" by Melissa Wojtylak of Reed Smith.  We place the term in quotes because Melissa has expressed an interest in becoming a member of our…

  2. Drug & Device Law

    Parallel Violation Claims – Why So Hard?

    By John Sullivan

    These parallel violation claims, they seem to vex some courts, and then frustrate us.  We think it should be fairly simple to apply preemption when the medical device in question…

  3. Drug & Device Law

    Who Needs TwIqbal?: Round II

    By Bexis

    The following is a guest post by Mollie Benedict and Amanda Villalobos, both of Tucker Ellis, about a recent dismissal they won of one of those all-too-common California "consumer protection"…

  4. Energy & Environmental Law Blog

    PA: Local Regulation and Preemption

    By Greg Russell

    We've reported previously on preemption and recent efforts in Pennsylvania to enhance local regulation (see here, e.g.).  The Tribune-Review is reporting that the state's Public Utilities Commission has rejected Pittsburgh's ban…

  5. Energy Law Report

    Who Should Regulate Oil and Gas Operations, National, State or Local Government?

    By Porter Wright

    Laws and regulations are adopted at all levels of government. The scope of coverage and the need for uniformity normally dictate the  jurisdictional level of regulation. But, when the objectives…

  6. Drug & Device Law

    Let’s Put A Stop To This Right Away

    By Bexis

    In Whitener v. PLIVA, Inc., 2012 WL 3948797, at *4 (E.D. La. Sept. 10, 2012), the court recently allowed “a state-law tort claim based on alleged promotion of [a generic…

  7. Drug & Device Law

    Texas Two-step Thwarts Generic and Conte Claims/Conte Comes up Snake-eyes in Nevada

    By Stephen McConnell

    Don't expect us to mess with Texas. Some of our best friends live in Texas. You've probably heard the saying, "A good friend will help you move, but a really…

  8. Drug & Device Law

    FDA Enforcement Exclusivity Gets a Boost

    By Michelle Yeary

                Yesterday we applauded a preemption decision by the District of Maryland for its well-reasoned analysis which included a focus on the FDA’s exclusive enforcement mechanism created by the Federal…

  9. Drug & Device Law

    More Punitive Damages Preemption, Sixth Circuit Reaffirms Garcia

    By Bexis

    The following is a guest post by Laura Mastrangelo at Reed Smith, who gets all the credit, and takes all the blame, for its contents.  Take it away Laura.... *********…

  10. Drug & Device Law

    More New Stuff

    By Bexis

    Today’s post is of the “this and that” variety − dealing with things we’ve come across that we haven’t yet blogged about this week.   Medical Device Preemption − The…