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5 Mar 2009, 12:02 pm
A little more than a year ago, back in February 2008, a majority of the Supreme Court stated, in Riegel v. [read post]
17 Feb 2009, 3:22 pm
Dow Agrosciences LLC, 544 U.S. 431, 449 (2005)); see also id. at 23-24. [read post]
11 Dec 2008, 7:06 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005), Buckman Co. v. [read post]
23 Oct 2008, 9:03 am
It got hardly any attention in the blawgosphere at the time - aside from us, 360, and the hardcore Supreme Court junkies over at SCOTUSBlog (and even they buried it in the middle of a routine post) - but earlier this month the Supreme Court indicated interest in the certiorari petition from the Farm Raised Salmon case. [read post]
8 Oct 2008, 11:50 am
Dow Agrosciences LLC, 544 U.S. 431 (2005), as creating an irrebuttable presumption against preemption that overrode congressional intent:The Court of Appeals viewed Bates as having drastically changed this traditional preemption analysis, so as to make the presumption against preemption irrebuttable and to require examination of the statutory language alone. [read post]
19 Sep 2008, 7:13 am
Dow Agrosciences LLC, 544 U.S. 431, 449 (2005). . . . [read post]
19 Jul 2008, 11:07 am
Dow Agrosciences LLC, 544 U.S. 431 (2005). [read post]
26 Jun 2008, 6:31 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005):In undertaking a pre-emption analysis. . ., a court should bear in mind the concept of equivalence. [read post]
24 Apr 2008, 4:07 am
To the surprise of absolutely nobody, the Plaintiffs filed their petition seeking rehearing en banc in Colacicco/McNellis late on Tuesday. [read post]
19 Mar 2008, 6:04 am
Dow Agrosciences, LLC, 544 U.S. 431 (2005), where the EPA favored preemption, and the Supreme Court recognized that some claims might be preempted, but held the particular claim before it was not.Other than that, however, the Supreme Court has always ruled in favor of the position advocated by the agency.Thus, in Geier v. [read post]
12 Feb 2008, 8:29 am
Fish.Well, not exactly.In reading and actually thinking about yesterdays Farm Raised Salmon decision from the California Supreme Court, the operative four-letter word is "food. [read post]
29 Nov 2007, 10:36 am
We must have been a little asleep at the switch, because, several weeks ago, now, the Solicitor General, on behalf of the FDA, filed the government's merits amicus brief in the Riegel v. [read post]
1 Nov 2007, 1:32 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005), isn't relevant since EPA in Bates wasn't purporting to evaluate substantively the manufacturer's statements.Finally, Medtronic closes strong, with policy reasons supporting preemption. [read post]
6 Sep 2007, 8:13 am
Dow Agrosciences LLC, 544 U.S. 431, (2005), and found it wasn't running on all cylinders.Apparently we aren't the only ones. [read post]
26 Jul 2007, 11:18 am
Dow Agrosciences LLC, 544 U.S. 431, (2005), Ferrari held that the good old "presumption against preemption" trumped congressional intent. 2007 WL 1933129, at *4. [read post]
25 Feb 2007, 10:26 am
Dow Agrosciences, LLC, 2007 WL 286582 (Ind. [read post]
2 Feb 2007, 10:09 am
Dow Agrosciences, LLC - reversed and remanded. [read post]
