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30 Jun 2015, 6:32 am
  Even there, how a law review discussion of “whether preemption would apply to common law claims when the manufacturers deceived the FDA,” id. at 204, can occur without citing Buckman Co. v. [read post]
26 Jun 2015, 12:00 pm by John Ehrett
Allergan, Inc. 13-1379Issue: Whether, under Buckman Co. v. [read post]
17 Jun 2015, 4:30 am
”  Buckman would preempt any state law claims alleging that the defendant duped the FDA. [read post]
14 May 2015, 7:28 am
Maybe our motto here at DDLaw should be “we read law review articles so you don’t have to. [read post]
23 Apr 2015, 1:05 pm
  But then come Lohr, Riegel, and Buckman. [read post]
31 Mar 2015, 11:45 am
  Id. at *3 n.5.Any time courts mention private rights under the FDCA, we think back to Supreme Court’s implied preemption reasoning in Buckman Co. v. [read post]
26 Mar 2015, 10:16 am
  Here are the latest four InFuse victories.Truthful v. [read post]
6 Feb 2015, 3:38 pm
  The Ninth Circuit swung mightily and missed with McClellan v. [read post]
3 Feb 2015, 11:27 am
Jan. 23, 2015) – and Florida state court – Buccelli v. [read post]
17 Dec 2014, 4:30 am
That doctrine comes into play when: (1) the federal plaintiff lost in state court; (2) the plaintiff complains of some injury from the state court judgment; (3) the state court judgment antedated the filing of the federal case; and (4) the plaintiff is inviting the federal court to reject the state court judgment.   The plaintiffs appealed that decision to the Third Circuit, and that’s where we are today: Johnson v. [read post]