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9 Oct 2014, 9:12 am
”Id. at 1141-42 (various citations omitted).Courts in other states following this general approach are:  Haygood v. [read post]
7 Oct 2014, 9:07 am by Jennifer Farer
As we recently discussed, in Liu, the United States Court of Appeals for the Second Circuit followed Morrison v. [read post]
6 Oct 2014, 1:30 pm
  This is:Our preemption idea harks back to PLIVA v. [read post]
2 Oct 2014, 9:18 am
§379r(e) expressly preempts state law on one hand, but another section, §379s(d) excludes precisely the claims that interest us the most  product liability, by providing “[n]othing in this section shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any State. [read post]
18 Sep 2014, 11:17 am
Ever since the FDA decided that discretion was the better part of valor – or read the handwriting on the wall – and decided not to appeal United States v. [read post]
4 Sep 2014, 12:42 pm
  Where a federal requirement permits a course of conduct and the state makes it obligatory, the state’s requirement is in addition to the federal requirement and thus is preempted.McMullen v. [read post]
25 Aug 2014, 8:37 am
In personal injury cases, plaintiff's degree of fault in the incident can impact the size of damages awarded and, in some states, preclude an injured party from receiving anything at all. [read post]