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29 Dec 2015, 8:07 am
The discussion of these CGMP claims gets even more muddled when the court adds to the equation (a) a malfunction theory (because the device failed it must be defective); (b) negligence per se(pushing aside Buckman implied preemption), Raab, 2015 WL 9026631 at *13; and (c) a disregard for TwIqbal. [read post]
15 Dec 2015, 12:25 pm
§337(a) and Buckman. [read post]
8 Dec 2015, 12:57 pm
That’s the “narrow gap” between Riegel and Buckman preemption. [read post]
27 Nov 2015, 5:00 am
In case you haven’t noticed, we like preemption. [read post]
24 Nov 2015, 12:38 pm
This being the week of Thanksgiving, we would be remiss to fail to weave in something about the great American (or ‘merican) holiday of giving thanks, eating turkey, watching football, and pondering the influence of the Pilgrims on our culture (beyond the obvious lasting fashion impact). [read post]
20 Nov 2015, 6:57 am
Thereafter, from April 2010, until October 2012, Yasnis was associated with Buckman, Buckman & Reid, Inc. [read post]
13 Nov 2015, 2:40 pm
From there it is a short step to implied preemption under Buckman and 21 U.S.C. [read post]
10 Nov 2015, 12:00 pm
A reevaluation of scientific data or a judicial challenge to the accuracy of the FDA’s conclusion would disrupt the “delicate balance of statutory objectives” the Buckman court sought to preserve. [read post]
6 Nov 2015, 9:02 am
Because that involves an FDA-imposed duty, it is easy to conclude that it looks a lot like a disguised form of FDCA enforcement barred by Buckman Co. v. [read post]
2 Nov 2015, 11:48 am
Silver Buckman, 37, Cherry Hill, New Jersey, her parents, Vincent Foxworth, 70, Turnersville, New Jersey and Cynthia Foxworth, 64, Turnersville, New Jersey, were convicted by a federal jury for a mortgage fraud scheme that stripped the equity from the homes of desperate homeowners facing foreclosure. [read post]
28 Oct 2015, 4:30 am
Second, the issue of whether the defendant lied to the FDA in getting its label opens up once more the issue of whether such an exception is preempted by Buckman. [read post]
2 Oct 2015, 11:30 am
We have not posted for a while—that day job can really get in the way sometimes—so we agreed to tackle the ridiculously long decision in Christiansen v. [read post]
24 Sep 2015, 5:24 am
The first case is our good friend Buckman Co. v. [read post]
16 Sep 2015, 7:05 am
However, in a provision with a scent similar to Buckman’s “parallel violations” aroma, the court noted that the states are “free to create private rights of action under state statutes that impose requirements identical to those of the FDCA. [read post]
10 Sep 2015, 10:36 am
That’s a Buckman no-no. [read post]
25 Aug 2015, 12:37 pm
But even where courts decide to recognize this as a legitimate state law claim, this is where we think express preemption yields to implied preemption or Buckman preemption. [read post]
24 Aug 2015, 5:00 am
It wasn’t a complete win, but the summary judgment outcome in Rheinfrank v. [read post]
19 Aug 2015, 4:30 am
Buckman, apparently, be damned. [read post]
18 Aug 2015, 10:52 am
In addition to Buckman, Buckman & Reid, Mr. [read post]
12 Aug 2015, 1:40 pm
Without digging too deeply, however, it still seems like an allegation that the defendant should be liable under state law for selling a product in violation of the FDCA—without FDA coming to that same conclusion—walks right into the sort of preemption articulated in Buckman. [read post]
