Ruling may save suits against generic drug makers 
By:
Sylvia Hsieh
Published: May 9, 2012
Tags: drug litigation, failure to warn, Federal Food Drug and Cosmetic Act, federal preemption, generic drug litigation, generic drugs, PLIVA v. Mensing, preemption, product liability, Wyeth v. Levine
Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.
But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.
FEDERAL PREEMPTION
Published: January 23, 2012
Tags: federal preemption
A state law that regulates what slaughterhouses must do with pigs that cannot walk is preempted by the Federal Meat Inspection Act.
EMPLOYMENT
Published: May 26, 2011
Tags: E-verify, Employment Law, federal preemption, immigration, Supreme Court
A state law imposing sanctions on employers who hire undocumented workers and mandating the use of the federal E-Verify database is not preempted by federal immigration law.
See “State E-Verify mandate not preempted by federal law.”
U.S. Supreme Court. Chamber of Commerce v. Whiting, No. 09-115.
» Continue Reading.
State E-Verify mandate not preempted by federal law
Published: May 26, 2011
Tags: E-verify, Employment Law, federal preemption, immigration, Supreme Court
A state law imposing sanctions on employers who hire undocumented workers and mandating the use of the federal E-Verify database is not preempted by federal immigration law, the U.S. Supreme Court has ruled.
High Court deals death blow to consumer class actions
By:
Kimberly Atkins
Published: May 2, 2011
Tags: class action waiver, consumer arbitration, Federal Arbitration Act, federal preemption, Supreme Court
Consumer class actions – called a vital tool for rectifying corporate wrongdoing by some, a scourge on American business by others – could be largely a thing of the past after a U.S. Supreme Court ruling giving companies broad authority to compel consumers to arbitrate disputes individually.
PRODUCT LIABILITY
By:
Pat Murphy
Published: February 23, 2011
Tags: Federal Motor Vehicle Safety Standard 208, federal preemption, Mazda, motor vehicle safety regulations, preemption, product liability, seatbelt litigation, Supreme Court
Federal vehicle safety regulations do not preempt a state product liability claim against a minivan manufacturer for failing to provide combination lap/shoulder belts for all rear seat passengers.
See “Seatbelt suit against Mazda isn’t preempted”
U.S. Supreme Court. » Continue Reading.
Seatbelt suit against Mazda isn’t preempted
By:
Pat Murphy
Published: February 23, 2011
Tags: Federal Motor Vehicle Safety Standard 208, federal preemption, Mazda, motor vehicle safety regulations, preemption, seatbelt litigation, Supreme Court
Federal vehicle safety regulations do not preempt a state product liability claim against a minivan manufacturer for failing to provide combination lap/shoulder belts for all rear seat passengers, the U.S. Supreme Court has ruled in an 8-0 decision.
VACCINE ACT
By:
Pat Murphy
Published: February 22, 2011
Tags: express preemption, federal preemption, National Childhood Vaccine Injury Act, Supreme Court
The federal Vaccine Act preempts design defect claims brought by a plaintiff who alleged that she suffered injuries as a result of receiving a vaccine as a child.
See “Justices: Vaccine suit preempted”
U.S. Supreme Court. Bruesewitz v. Wyeth, No. 09-152.
» Continue Reading.
Vaccine suit preempted
By:
Pat Murphy
Published: February 22, 2011
Tags: express preemption, federal preemption, National Childhood Vaccine Injury Act, Supreme Court
The federal Vaccine Act preempts design defect claims brought by a plaintiff who alleged that she suffered injuries as a result of receiving a diphtheria, tetanus and pertussis vaccine as a child, the U.S. Supreme Court has ruled in a 6-2 decision.
Lawyers USA’s Top Ten Opinions of 2010
By:
Pat Murphy
Published: January 5, 2011
Tags: cloud computing, economic loss, Engle, ethics, federal preemption, Fourth Amendment, health care reform, product liability, same-sex marriage, search and seizure, sudden unintended acceleration, Toyota
As we flip the calendar, let’s take a look at the ten most significant federal and state decisions of 2010.
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