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27 Dec 2011, 9:56 am by Max Kennerly, Esq.
Medtronic, Inc., 552 U.S. 312 (2008) and “impliedly preempted” — “implied preemption” is a code-phrase conservative judicial activists use when they want to pretend Congress tried to stop state tort lawsuits even when it didn’t — under § 337a of the MDA as interpreted by Buckman v. [read post]
13 Dec 2011, 7:32 am by Michelle Yeary
  The court quickly concluded that Here, as in Buckman, the federal regulation is critical to plaintiff's state-law claim. . . . [read post]
6 Dec 2011, 1:59 pm by Michelle Yeary
  Plaintiff here apparently attempted to use Hughes to by-pass Buckman preemption by arguing that her claim was a “viable parallel state-law claim predicated on violation of FDA regulations. [read post]
25 Oct 2011, 11:05 am by Bexis
  That’s a form of fraud on the FDA, and it’s been preempted since Buckman Co. v. [read post]
18 Oct 2011, 12:09 pm by Sean Wajert
Jim was recognized for, among other things, having written 50+ amicus briefs on PLAC's behalf, more than anyone else in the history of the organization; his lengthy service on PLAC's amicus committee; his role in the landmark Buckman v. [read post]
4 Oct 2011, 7:25 am
The district court held that the state law claims were essentially allegations of fraud and bad faith before the USPTO, preempted by federal law under Buckman Co. v. [read post]
29 Sep 2011, 2:09 pm by Bexis
  [T]o avoid preemption under Buckman, a state-law tort claim must be premised on the type of conduct that would traditionally give rise to liability under state law – and that would give rise to liability under state law even if the FDCA had never been enacted. [read post]
18 Aug 2011, 11:10 pm by Christa Culver
Sheppard, Mullin, Richter & Hampton, LLPDocket: 10-1339Issue(s): Whether under the implied preemption principles in Buckman Co. v. [read post]
17 Aug 2011, 12:58 pm
Supreme Court to conflict with a Food and Drug Administration (FDA) scheme in Buckman Co. v. [read post]
11 Aug 2011, 6:45 am by Ted Frank
Medicaid will get only more expensive if the Supreme Court affirms a Ninth Circuit decision in a pending case, Douglas v. [read post]
3 Aug 2011, 12:00 pm by Bexis
 More recently, the Supreme Court in Riegel v. [read post]
20 Jul 2011, 1:27 pm by Bexis
  Id. at *5-6 (citing Weedon v. [read post]
15 Jul 2011, 9:20 am by Bexis
- New EDPA case requiring unsuccessful plaintiff to pay as costs  part of cost of complying with its ediscovery demands - Link.June 16, 2011:  It Should Be An Interesting Couple Of Weeks - Analysis of new Supreme Court Smith v. [read post]