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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.

Supreme Court tackles Arizona immigration law 

By: Kimberly Atkins
Published: April 25, 2012

Tags: Arizona, immigration law, Obama administration, preemption, SB 1070, Supreme Court

WASHINGTON – The last oral argument of the U.S. Supreme Court’s term was an explosive one, as the justices considered whether SB 1070, the controversial Arizona immigration statute, is preempted by federal law.

Medtronic pain pump suit preempted, says 9th Circuit 

Published: April 19, 2012

Tags: FDA, Food and Drug Administration, Medtronic, pain pump, paraplegia, preemption, products liability

Federal law preempts state product liability claims brought by a man who suffered paralysis after a Medtronic pain pump was surgically implanted to deliver medication to his spine, the 9th Circuit has ruled in affirming a dismissal.

Workers’ comp claimants can sue under RICO 

Published: April 16, 2012

Tags: McCarran-Ferguson Act, preemption, Racketeer Influenced and Corrupt Organizations Act, RICO, workers' compensation

Employees could pursue a RICO lawsuit against their employer for wrongfully denying their claims for workers’ compensation benefits, the 6th Circuit has ruled in reversing a dismissal.

Bank can be sued for repossession notice violations 

Published: April 9, 2012

Tags: consumer protection, National Bank Act, preemption, repossession

Federal banking law does not preempt a lawsuit alleging that an auto lender violated state post-repossession notice requirements, the 4th Circuit has ruled in reversing a dismissal.

Housing authority may be liable for violent tenant 

Published: April 4, 2012

Tags: negligence, preemption, wrongful death

Federal law does not preempt a lawsuit alleging that a public housing authority was negligent for failing to evict a tenant with violent propensities, the Tennessee Supreme Court has ruled in reversing judgment.

Municipal anti-immigration law unconstitutional 

Published: March 26, 2012

Tags: civil rights, immigration, preemption, Supremacy Clause

A municipal law that seeks to prohibit illegal immigrants from obtaining rental housing is unconstitutional, the 5th Circuit has ruled in affirming judgment.

HAMP doesn’t preempt borrower’s state-law claims 

Published: March 9, 2012

Tags: class action, consumer protection, Home Affordable Modification Program, preemption

Federal law authorizing the Home Affordable Mortgage Program does not preempt a homeowner’s state-law claims against her lender for refusing to modify her loan pursuant to the program, the 7th Circuit has ruled in reversing judgment.

Student loan arbitration clause enforceable 

Published: March 9, 2012

Tags: arbitration, AT&T Mobility v. Concepcion, class actions, consumer protection, Federal Arbitration Act, fraud, preemption, student loans

A student lender sued for fraud could enforce an arbitration clause in its loan agreements, the 9th Circuit has ruled reversing judgment.

Preemptive strike to failure-to-warn leaves lawyers leery 

By: Kimberly Atkins
Published: March 8, 2012

Tags: failure to warn, preemption, product liability, Supreme Court

WASHINGTON – The confusing state of the U.S. Supreme Court’s preemption jurisprudence got trickier late last month with a ruling throwing out a state-based failure-to-warn claim on the grounds that federal law occupied the field of locomotive safety.