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24 Mar 2022, 11:25 am by Tom Lamb
On remand, Wolfson said, the question before the court was whether the FDA’s response to Merck’s proposed warning language “prohibited Merck from adding any and all warnings to the drug label that would satisfy state law. [read post]
18 Feb 2008, 6:14 pm
  Earlier federal and state cases have held that the NLRA impliedly preempts state regulation of activity which is "arguably" protected by section 7, e.g., Linn v. [read post]
4 Jul 2013, 5:00 am by Bexis
  No, this is not another screed about off-label use, although it’s related. [read post]
4 Jun 2019, 10:20 am by Rebecca Tushnet
Magazine did label other paid ads as advertorials. [read post]
2 Dec 2021, 5:01 am by Eugene Volokh
Mass. 1975) (3-judge court), and the one decision cited in that case, State v. [read post]
21 Sep 2011, 6:41 am by Bexis
  Because Plaintiff was arguing that the labeling was inadequate under state tort law, not that the label was inconsistent with the branded product’s warnings, the claim was preempted. [read post]
25 Oct 2011, 6:50 am
; did Cropton infringe the trade mark by use of the Yorkshire Warrior label? [read post]
11 Oct 2012, 11:13 am by Glenn
Unfairness is a label the federal government should not seek to attach to business behavior that disrupts established players by delivering easier and cheaper products to consumers. [read post]
26 Feb 2010, 10:50 am by Jim Lindgren
Among the nice other points of the paper are: (a) Bushrod Washington’s opinion in Corfield v. [read post]
11 May 2010, 9:14 am by Carl Folsom
Therefore, in order to qualify for the ACCA, the defendant’s prior conduct must have satisfied the federal definition of burglary; a state’s decision to label an offense a “burglary” does not necessarily suffice. [read post]