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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]
31 Mar 2007, 9:11 am
(Readers should remember that courts have held that state law fraud-on-the-FDA exceptions are preempted under Buckman. [read post]
17 Apr 2013, 1:15 pm by Eric Alexander
  Courts sometimes struggle with the interplay between state statutes that create a defense or presumption based on FDA approval, while carving out an exception for fraud-on-the-FDA or bribery, and federal preemption under Buckman. [read post]
13 Apr 2016, 11:32 am
  The court’s answer is the same answer that Buckman Co. v. [read post]
24 Apr 2008, 4:07 am
Id. at 63.Implied conflict preemption of the sort involved in Colacicco has been applied over and over again to common-law tort claims, most notably in Buckman Co. v. [read post]
27 Mar 2007, 11:29 pm
Apotex) (5/21/07)Preemption news (Levine v. [read post]
24 Mar 2011, 1:15 pm by Bexis
There were 21 state cases decided by 47 judges. [read post]
26 Apr 2007, 6:20 am
For example, the Supreme Court unanimously found preemption in Buckman Co. v. [read post]
29 Dec 2010, 12:54 pm by Bexis
  There've been a raft of good decisions, although none from the United States Supreme Court, for all us practitioners on the right (in more ways than one) side of the “v. [read post]
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]