Supremes: Locomotive Act preempts asbestos claims 
Published: February 29, 2012
Tags: Locomotive Inspection Act, mesothelioma, preemption, product liability
Federal law preempts product liability claims brought by the estate of a railroad worker who died from mesothelioma allegedly caused by exposure to asbestos in locomotives and locomotive parts, the U.S. Supreme Court has ruled.
Federal law preempts Motrin claim
Published: February 27, 2012
Tags: failure to warn, fraud on the FDA, Motrin, preemption, product liability
Federal law preempts a product liability suit alleging that a drug maker misrepresented material information in obtaining Food and Drug Administration approval for its over-the-counter pain reliever, the 5th Circuit has ruled in affirming a summary judgment.
Railroad worker can recover for lifetime on gravel
Published: February 24, 2012
Tags: Federal Employee’s Liability Act, Federal Railroad Safety Act, preemption
Federal law does not bar a railroad worker from recovering damages for degenerative conditions caused by having to continuously walk on crushed rocks in rail yards, a Maryland appellate court has ruled in affirming a $1.25 million jury verdict.
Stryker hip suit isn’t completely preempted
Published: February 3, 2012
Tags: FDA, hip replacement, Medical Device Amendments, preemption, product liability
Federal law regulating medical devices doesn’t completely preempt the claims of a plaintiff who alleged that a hip replacement product malfunctioned and caused him injury, the 5th Circuit has ruled.
Federal law preempts Medtronic pain pump suit
Published: January 30, 2012
Tags: Medical Device Amendments, Medtronic, preemption, premarket approval, product liability, Riegel v. Medtronic
Federal law regulating medical devices preempted product liability claims brought by a woman whose husband allegedly received a fatal overdose of medication from a Medtronic drug infusion system, the 4th Circuit has ruled in affirming judgment.
State animal law is preempted
Published: January 23, 2012
Tags: Federal Meat Inspection Act, preemption
A state law that regulates what slaughterhouses must do with pigs that cannot walk is preempted by the Federal Meat Inspection Act, the U.S. Supreme Court has ruled.
Fla. patient disclosure law isn’t preempted
Published: January 17, 2012
Tags: Health Care Quality Improvement Act, medical malpractice, negligent credentialing, peer review, preemption
Federal health care law does not preempt an amendment to state law guaranteeing a medical malpractice plaintiff’s right to know about prior adverse medical incidents, the Florida Supreme Court has ruled in affirming a discovery order.
ERISA doesn’t preempt hepatitis claim
Published: January 5, 2012
Tags: ERISA, negligence, preemption
An insured who contracted hepatitis C at an endoscopy clinic could sue her managed care organization for negligently failing to ensure the safety of her ERISA plan’s medical provider network, the Nevada Supreme Court has ruled in reversing a dismissal.
Home borrowers’ contract claim isn’t preempted
Published: December 29, 2011
Tags: breach of contract, consumer protection, Home Owners’ Loan Act, preemption
Federal consumer protection law does not preempt a lawsuit alleging that a home lender’s charging of a purported prepayment fee breached the terms of the plaintiffs’ loan agreement, the 6th Circuit has ruled in reversing a dismissal.
Big year leads up to a bigger one at Supreme Court
By:
Kimberly Atkins
Published: December 29, 2011
Tags: 2011, arbitration, employment, health care, immigration, preemption, Supreme Court
WASHINGTON – At the U.S. Supreme Court, 2011 was a remarkable year – not just for the things the justices did, but for the cases they agreed to take up in the near future.
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