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8 Oct 2013, 3:53 pm by Federalist Society
In a 5-4 opinion the Court held that State-law design-defect claims that turn on the adequacy of a drug's warnings are preempted by federal law. [read post]
8 Oct 2013, 3:53 pm by Federalist Society
In a 5-4 opinion the Court held that State-law design-defect claims that turn on the adequacy of a drug's warnings are preempted by federal law. [read post]
14 Jun 2010, 7:11 pm by B.W. Barnett
Building upon our prior opinion in Jaubert v. [read post]
27 Sep 2016, 4:35 pm by John C. Manoog III
Boston Scientific Corporation United States Supreme Court Denies Writ of Certiorari to Review Massachusetts Supreme Court Decision in Reckis v. [read post]
29 Feb 2012, 11:19 am by Maureen Cosgrove
[SCOTUSblog backgrounder] that the federal Locomotive Inspection Act (LIA) [49 USC § 20701] preempts state-law design-defect and failure-to-warn claims because these claims fall within the field of locomotive equipment regulation preempted by the act. [read post]
6 Nov 2015, 9:02 am
  This quote is very useful on this point:Still, all three doctors stated that they did not read the [generic manufacturer’s] warning. [read post]
5 May 2007, 9:32 pm by Denese Dominguez
The Court reasoned that the questions posed prior to advising Rush of her rights were meant to orient her and to determine whether she had any first-hand familiarity with the Miranda warnings before he gave them to her. [read post]