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6 Aug, 2008 12:00 pm
... . Bad things happen to people who don't. In the recent case of Sherman v. Winco Fireworks Inc., No. 07-2267, slip op. (8th Cir. July 3, 2008 ... fireworks distributor, did not plead Federal Hazardous Substances Act preemption in its answer. Winco did seek leave to file an amended answer to plead that defense 17 months after ... set deadlines can be revised only on a showing of good cause. According to the Eighth Circuit, Winco had not shown good cause to amend the scheduling order, so the trial court ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
6 Aug, 2008 7:17 pm by AdminLaw Blogger
The Drug and Device Law blog discusses two cases where failure to plead or prove federal preemption was found to waive the defense. In the recent case of Sherman v. Winco Fireworks Inc., No. 07-2267, slip op. (8th Cir. July...
Administrative Law Prof Blog - http://lawprofessors.typepad.com/adminlaw/
         
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