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25 Feb 2010, 11:18 am by Beck, et al.
That sounds almost exactly like the claim made against the defendants in the Bone Screw litigation – and which, when presented as a state-law claim, was unanimously held preempted in Buckman Co. v. [read post]
3 Jul 2014, 12:08 pm
  They are not drug labeling, and they are not medication guides. [read post]
16 Nov 2011, 9:36 am by Susan Brenner
Constitution have been violated by “state action,” i.e., by conduct carried out by employees of local, state or federal government. [read post]
9 Oct 2023, 1:52 am by INFORRM
The proposal faced a strong backlash from civil rights groups who labelled the policy “Orwellian. [read post]
11 Dec 2008, 12:37 pm
  That was clear after the oral argument Tuesday in Arizona v. [read post]
27 Mar 2007, 11:29 pm
Apotex) (5/21/07)Preemption news (Levine v. [read post]
5 Dec 2011, 3:30 pm by Orin Kerr
(Orin Kerr) In a recently-filed amicus brief submitted by Oracle America Inc. before the en banc Ninth Circuit in United States v. [read post]
29 Oct 2019, 3:34 am by Ben
However, recordings released before 1972 are protected by state-level rather than federal copyright law, so digital services argued that that royalty obligation didn't apply to pre-1972 tracks. [read post]
27 Jun 2023, 2:14 pm by Eugene Volokh
Is it enough to show that a reasonable person would have recognized it as threatening (a mental state generally labeled "negligence")? [read post]