preemption

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Latest blogosphere posts tagged “preemption”

 

• Another Court Throws Generic Plaintiffs a Lifeline

  
  Drug and Device Law — Authority: 454
              As evidenced by our generic preemption scorecard the post- Mensing scales have been heavily tipped in favor of the generic manufacturers who have racked up dismissals across the country.   But not every court is willing to jump on the “complete dismissal” side of the seesaw.   We ...
  1 week ago

• State Parity Law Trumps ERISA Plan’s Exclusion, So Case Against Plan Advances

  
  Passion for Subro — Authority: 123
  Employer’s Guide to Self-Insuring Health Benefits      January 2012 | Vol. 19, No. 4  As illustrated here, ERISA did not preempt the Washington Mental Health Parity Act.  Even though it correctly applied an insured ERISA plan’s coverage restrictions on neurodevelopmental therapy for children over six years ...
  1 week ago

• Administrator Flubs Stop-loss Claim; State-law Charges on Administrator Not Preempted

  
  Passion for Subro — Authority: 123
  Employer’s Guide to Self-Insuring Health Benefits        January 2012 | Vol. 19, No. 4  A claims administrator lost an attempt to dismiss negligence and breach of contract charges relating to its failure to process and pay a large claim before the final day of a stop-loss policy’s run-out period.  The ...
  1 week ago

• Israel: Terrorist Nation?

  
  Blog of Mass Destruction — Authority: 107
  Imagine members of Hezbollah, recognized by the U.S. and Israel as a "terrorist" group, covertly entering Israel and over time assassinating a half a dozen of Israels most distinguished science professors, one by one. James Bond movie style assassinations. Assassinations where a "terrorist" rides a motorcycle ...
  2 weeks ago

• 2FA, #4

  
  Shakesville — Authority: 491
  Jim White at EmptyWheel: Iran Begins Uranium Enrichment at Qom Tuesday, Enrichment Scientist at Natanz Assassinated Wednesday .
  2 weeks ago

• Medical Device Preemption Developments

  
  Drug and Device Law — Authority: 454
  Boring title, but accurate.  Here’s the latest. First , Medtronic won another one the other day.  Duggan v. Medtronic, Inc ., ___ F. Supp.2d ___, 2012 WL 45503 (D. Mass. Jan. 10, 2012), involved an insulin delivery system.  It had a number of components, including the pump, which physically moved the insulin ...
  2 weeks ago

• 2FA, #3

  
  Shakesville — Authority: 129
  Washington Post: Has Obama taken Bushs preemption strategy to another level? [H/T to Katrina vanden Heuvel .]
  3 weeks ago

• Mensing and TwIqbal Team Up To Deliver a Knockout

  
  Drug and Device Law — Authority: 454
              We know sports-courtroom analogies are overused, hackneyed, timeworn, trite (you get the idea).   But, nevertheless they can be useful and provide a little color to what might otherwise be viewed by some (of course, not us) as dull legal goings on.   For instance, we could simply report ...
  3 weeks ago

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