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19 Dec 2008, 3:04 pm
In addition, Buckman preemption likewise prevents plaintiffs from evading a definitive FDA regulatory record by arguing that the FDA was somehow defrauded; the appellate court found that the preemption doctrine of Buckman v. [read post]
1 Dec 2008, 4:59 am
" Id.The court thus did not have to reach the Buckman preemption question or choose sides between Garcia v. [read post]
19 Nov 2008, 9:04 am
In support of this argument, defendants relied on Buckman Co. v. [read post]
17 Nov 2008, 6:48 pm
 Specifically, the controversy remains on whether fraud-on-the-FDA claims ruled preempted by the Supreme Court in Buckman Co. v. [read post]
17 Nov 2008, 12:59 pm
Sec. 78B-8-203(2).As readers of this blog well know, the Supreme Court case of Buckman Co. v. [read post]
6 Nov 2008, 8:45 pm
We've had a chance now to read - no, make that "study" - the Wyeth v. [read post]
8 Oct 2008, 11:50 am
A southern state, right? [read post]
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]
16 Sep 2008, 7:21 pm
We've got a copy of the Reply Brief filed by defendant Wyeth in the Wyeth v. [read post]
4 Sep 2008, 11:49 am
And the Court shot a big hole in it in Buckman Co. v. [read post]
6 Aug 2008, 6:46 pm
Under Buckman, then, she cannot prevail.Id.(2) The defect in question was not discovered until after PMA. [read post]
26 Jun 2008, 6:31 pm
That's what was going on in Buckman - preemption would exist because, as in Buckman, the claimed violation would give rise to a novel claim under state law.Second, even where there is a corresponding state-law claim, that claim must actually be "parallel" to the federal claim. [read post]