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30 Jul 2015, 5:39 am
From there, Klabal was associated with Buckman, Buckman & Reid, Inc from January 2010, until August 2011. [read post]
24 Jul 2015, 5:00 am
As we know from Buckman and many other cases, there is no private right of action for violations of the FDCA. [read post]
10 Jul 2015, 4:30 am
First, because this claim is premised on a violation of a federal regulation, it was preempted under Buckman and 21 U.S.C. [read post]
9 Jul 2015, 7:20 am
That’s what the Bone Screw litigation was all about, and what the underlying fraud on the FDA allegations in Buckman Co. v. [read post]
30 Jun 2015, 6:32 am
Plaintiffs Legal Committee, 531 U.S. 341 (2001), even once is beyond us – and not just because of Bexis’ involvement in Buckman. [read post]
26 Jun 2015, 12:00 pm
Allergan, Inc. 13-1379Issue: Whether, under Buckman Co. v. [read post]
17 Jun 2015, 4:30 am
But it is always nice when a court takes Buckman seriously. [read post]
16 Jun 2015, 7:22 am
Moreland, 437 F.3d 424, 427–28, 430–31 (4th Cir. 2006) (affirming district court’s allowance of forensic chemist’s testimony that could not provide error rate because reviews of witness’s work found it to be free of error) Buckman v. [read post]
11 Jun 2015, 1:06 pm
Nor can plaintiffs alleging failure to report assert that the FDA would have acted differently, since that was what Buckman preemption was all about – common law claims predicated on the FDA itself doing something different inherently conflict with what the FDA actually did. [read post]
6 Jun 2015, 10:24 am
., and since May 2015, Buckman, Buckman & Reid, Inc. [read post]
4 Jun 2015, 5:56 am
" Id., at 869.Buckman, 531 U.S. at 352. [read post]
20 May 2015, 4:30 am
At the same time, the plaintiffs could not be suing because the conduct violated the FDCA, for such a claim would be impliedly preempted under Buckman. [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]
7 Apr 2015, 11:01 am
This post is from the non-Reed Smith side of the blog. [read post]
31 Mar 2015, 11:45 am
” Id.As we see it, Buckman just received some timely reinforcement. [read post]
26 Mar 2015, 10:16 am
The InFuse device, regardless of how it was used by a particular surgeon in a particular surgery, is a PMA-approved, Class III device and therefore covered by both Riegel express preemption and Buckman implied preemption. [read post]
19 Mar 2015, 8:16 am
A terrible auto accident on the Buckman Bridge in early March left four people dead and three others injured. [read post]
19 Mar 2015, 5:00 am
Sept. 30, 2014), which we’ve dubbed the “son of Buckman” case. [read post]
11 Mar 2015, 12:12 pm
Smells like Buckman preemption to us. [read post]
