preemption

Welcome to the 'preemption' tag page at Technorati. This page features content from the farthest reaches of the Blogosphere that authors have "tagged" with 'preemption'.

Latest blogosphere posts tagged “preemption”

• The Wall Street Money Ties That Lead to Loopholes

  
  The Washington Independent — Authority: 747
  Advocates for financial regulatory reform must be shaking their heads today after watching Rep. Melissa Bean’s (D-Ill.) efforts to weaken a comprehensive financial regulatory reform bill — which have been, all told, pretty effective. As we noted earlier, House lawmakers struck a deal late Thursday night on a ...
  5 days ago

• OCC Preemption Lives To Fight Another Day

  
  Bank Lawyer's Blog — Authority: 416
  According to Stacy Kaper, reporting in todays American Banker ( paid subscription required ), Barney Frank worked out a compromise late yesterday with moderate Democrats that appears to roll back the attempt by more liberal Democrats to restrict the OCCs power to preempt state law. Under Franks original bill, "the ...
  6 days ago

• Lee v. Liberty Nat’l Life Ins. Co., 2009 WL 3316371 (S.D. Ga. 2009)

  
  Passion for Subro — Authority: 133
  An employee’s spouse sued the insurer of her cancer insurance policy in state court after it refused to pay for medical treatment she had received. The insurer removed the case to federal court, arguing that her claim was preempted by ERISA. The spouse argued that the case belonged in state court because the policy ...
  1 week ago

• Preemption Scholarship

  
  Drug and Device Law — Authority: 583
  We were accused -- okay, okay; we were guilty -- of being an "all preemption, all the time" blog in the days leading up to the Supreme Courts decision in Wyeth v. Levine . But those halcyon days are behind us. Were now half preemption, half the time. Its that time! Here are two recent articles wrestling with ...
  1 week ago

• This And That

  
  Drug and Device Law — Authority: 583
  We tried to think of a great issue to explore today – and struck out. So instead we’ll discuss this and that – various things that we’re aware of, but that we haven’t gotten around to mentioning. Pigs Get Fat, Mississippi Got Slaughtered The top of the agenda, of course, is a review of Judge ...
  1 week ago

• Rumors of a Regulatory Foe at OIRA

  
  The Fine Print: blog posts from OMBWatch — Authority: 134
  As reported by Rena Steinzor at the Center for Progressive Reform blog, rumors are circulating the Randall Lutter may be taking a deputy position at the White House Office of Information and Regulatory Affairs, the executive branch gatekeeper for all things regulatory. OIRA Administrator Cass Sunstein has neither ...
  2 weeks ago

• Generic Preemption - Still Kicking

  
  Drug and Device Law — Authority: 583
  Theres life in generic preemption yet. The court in Gaeta v. Perringo Pharmaceuticals, slip op. (N.D. Cal. Nov. 24, 2009), has denied reconsideration of the preemption summary judgment entered last year pre- Levine . The court holds that Levine s impossibility analysis did not consider the FDCAs requirement that ...
  2 weeks ago

• Mensing - Brand Name Wins, Generics Lose

  
  Drug and Device Law — Authority: 583
  The Eighth Circuit gave brand name drug manufacturers cause to give thanks yesterday, but for generics, is was Black Friday. In Mensing v. Wyeth, Inc. , No. 08-3850, slip op. (8th Cir. Nov. 27, 2009), the court answered two questions: (1) can a brand name manufacturer be liable for an alleged inadequate warning on ...
  2 weeks ago

• Preemption Is Alive And Well In Michigan

  
  Pharmalot — Authority: 527
  Three Michigan women blame a pair of Novartis drugs - Aredia and Zometa - for causing their osteonecrosis, which is the death of jaw-bone tissue. But a federal appeals court has ruled they can’t proceed with their lawsuits because Michigan law bars most product liability claims, Mealey’s Emerging Drugs & ...
  3 weeks ago

• Zipursky On Preemption "In The Spirit Of Conversation"

  
  Drug and Device Law — Authority: 583
  Professor Ben Zipursky (Fordham) just published a guest post over at Torts Prof Blog ruminating about why the Supreme Court found preemption in the context of medical devices that had undergone premarket approval in Riegel v. Medtronic, but did not find preemption in the context of prescription drugs on the facts ...
  3 weeks ago

• Questioning McQuiston

  
  Drug and Device Law — Authority: 583
  Heres todays question: What do we think of McQuiston v. Boston Scientific Corp., No. 5:07-cv-01723-TS-MLH, slip op. (W.D. La. Nov. 19, 2009) ( link here )? Heres todays answer: We love it! But not for the reasons youd think. Heres the deal: On September 1, 2006, Dr. Thomas Brown performed an angioplasty and ...
  3 weeks ago

• A Legal Obligation to Assist Iran

  
  Law is Cool — Authority: 427
  Earlier today Iran began large-scale war games to simulate a response to attacks on its nuclear sites.  But these games are hardly for fun, as the country intends to showcase its capability of defending against a strike from Israel. Although in Canada we normally think of countries like Iran as the aggressor, the ...
  3 weeks ago

• ERISA TPA That Is Not a Fiduciary Must Face State-Law Breach of Contract Claims by Plan Sponsor

  
  Passion for Subro — Authority: 133
  W.E. Aubuchon Co. v. BeneFirst, LLC, 2009 WL 3272491 (D. Mass. 2009The employer in this case sued the former TPA of its two self-insured medical plans for claims processing errors that allegedly created millions of dollars in additional costs for the plans. Asking the court to enter judgment in its favor, the TPA ...
  4 weeks ago

• Theres No Claim for Negligent Misrepresentation on the FDA Either

  
  Drug and Device Law — Authority: 583
  We had to comment on the most intriguing case of Hughes v. Boston Scientific Corp. , 2009 WL 3817586 (S.D. Miss. Nov. 12, 2009). Hughes involved a PMA device, something called a "HydroTherm Ablator," that allegedly malfunctioned and injured the plaintiff. Thereafter, the defendant (1) changed its adverse event ...
  4 weeks ago

• Article Title Unknown

  
  Trade Regulation Talk — Authority: 125
  Gift Card and Certificate Fees, Expiration Dates Limited by Proposed Rules This posting was written by William Zale, Editor of CCH Advertising Law Guide. The Federal Reserve Board has announced proposed rules that would restrict the application of fees and expiration dates to store gift cards, gift certificates, ...
  4 weeks ago

• November 16 roundup

  
  Overlawyered — Authority: 629
  German law firm demands that Wikipedia remove true information about now-paroled murderers [ EFF ] “Class Actions: Some Plaintiffs’ Lawyers Fed Up, Too?” [ California Civil Justice ] Drop that Irish coffee and back away: “F.D.A. Says It May Ban Alcoholic Drinks With Caffeine” [ NYT ] Profile of L.A. ...
  4 weeks ago

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