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22 Mar 2016, 7:48 am
Levine, 555 U.S. 555 (2009), defendant has to demonstrate the conflict between state and federal law by “clear evidence. [read post]
21 Mar 2016, 10:31 am by Anthony McCain
Joseph Herndon: Mitchell International v. [read post]
17 Feb 2016, 4:30 am
  Under the MDA preemption provision, federal law displaces any state “requirement” that differs from the federal requirement and that relates to safety. [read post]
1 Feb 2016, 12:41 pm by Andrew Hamm
Louisiana, holding that Miller v. [read post]
28 Jan 2016, 1:15 pm by John C. Manoog III
Levine (2009)), which it urged did not adequately define the “clear evidence” standard, allowing lower courts to hold defendants subject to inconsistent and unreasonable verdicts. [read post]
18 Jan 2016, 9:53 am by Elim
Levine, The Law of Government Ethics: Federal, Ontario and British Columbia, 2d ed. [read post]
1 Jan 2016, 7:08 am
  The third case—this time asserting Ohio claims and having them heard in an Ohio federal court—was called Buchanan v. [read post]
23 Nov 2015, 11:14 am by Jay Levine and Ryan Graham
By Jay Levine and Ryan Graham In a long awaited decision, the FTC’s chief administrative law judge (ALJ) ruled against FTC staff and held that LabMD did not violate Section 5 of the FTC Act by not reasonably securing customer data. [read post]
19 Nov 2015, 11:08 am
Cal.) dismissing plaintiffs’ failure to warn claims as preempted based on the Wyeth v. [read post]