Search for: "Buckman v. State" Results 241 - 260 of 345
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25 Sep 2008, 7:31 pm
American Honda Motor Co., 529 U.S. 861, 869 (2000), and applied that principle in our neck of the woods in Buckman Co. v. [read post]
5 Apr 2013, 1:01 pm by Bexis
  About the only good thing about Blockis its refusal to allow Parisian to testify directly that the defendant violated the FDCA, that being both an improper legal opinion and barred by 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]
27 Dec 2007, 7:09 am
It excludes evidence of comparative safety between drugs of the same class, fraud on the FDA (due to Buckman preemption), corporate ethics, and regulatory actions outside of the United States. [read post]
5 Aug 2014, 12:24 pm
  To the extent plaintiff’s claim was for “fraud on the FDA” it was preempted under Buckman Co. v. [read post]
11 Sep 2009, 2:47 am
Fraud claims amounting to fraud on the FDAare preempted under Buckman. [read post]
26 Sep 2007, 9:54 am
Also as to these claims, the court rejected an implied preemption claim based upon Buckman Co. v. [read post]
17 Oct 2013, 5:00 am by Bexis
  Comment k could correspond to Led Zeppelin, and state of the art might be The Who.And it seems that, for each of these bands, there’s a song we really like that gets slighted (in our opinion) when it comes to air time on classic rock stations. [read post]