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19 Jan 2011, 12:26 pm
That's simply wrong, because Buckman itself says quite explicitly that it's decided on the basis of conflict preemption. [read post]
21 Jun 2007, 11:10 am
The recent law review article, Johns, "Informed Consent: Requiring Doctors To Disclose Off-Label Prescriptions & Conflicts Of Interest," 58 Hastings L.J. 967 (May, 2007), came to our attention because it cited Buckman (we at least glance at anything citing Buckman). [read post]
7 Jul 2011, 2:31 pm
” Buckman, 531 U.S. at 347. [read post]
27 Apr 2016, 10:27 am
” That argument walks into Buckman and does not identify “specific federal requirements” that parallel California law. [read post]
19 Jul 2007, 1:47 pm
In the particular context of submissions to federal agencies, this type of allegation is facially preempted by Buckman Co. v. [read post]
15 Sep 2010, 4:50 am
The argument for Buckman preemption is stronger in the FDA context. [read post]
10 Aug 2009, 10:00 pm
Whether or not courts accept the Buckman implied preemption argument, courts consistently recognize that Buckman implied preemption applies fully to drugs. [read post]
20 Jun 2023, 8:45 am
Members of the Buckman Community Association in the Central Eastside sounded alarm bells about the "Cedar" and “Maple” draft maps, writing in a newsletter that the maps “either greatly diminish/divide the Buckman Neighborhood itself, or include it entirely with all of the west side of Portland for representation. [read post]
19 Apr 2013, 9:25 pm
April 19, 2013), was won on a Rule 12(b)(6) motion to dismiss with a combination of TwIqbal and preemption under Buckman Co. v. [read post]
17 Jan 2012, 3:15 pm
Buckman, who works for consulting firm Doherty and Buckman of New Bern, North Carolina, says that even older buildings should be equipped with fire sensors that automatically shut down all elevators. [read post]
14 Sep 2011, 10:13 am
MOLST MA from Marcus Buckman on Vimeo. [read post]
3 Jan 2013, 2:21 pm
One simply cannot apply a presumption against preemption in this situation without ignoring Buckman. [read post]
3 Jan 2013, 12:54 pm
One simply cannot apply a presumption against preemption in this situation without ignoring Buckman. [read post]
19 Mar 2015, 5:00 am
Sept. 30, 2014), which we’ve dubbed the “son of Buckman” case. [read post]
23 Sep 2010, 11:56 am
See Buckman Co. v. [read post]
8 Dec 2015, 12:57 pm
That’s the “narrow gap” between Riegel and Buckman preemption. [read post]
19 Dec 2013, 12:02 pm
The court found that Buckman preempts “fraud” claims. [read post]
13 Oct 2014, 12:01 pm
All of the InFuse plaintiffs have attempted to sail between Riegeland Buckman preemption by tethering their claims to allegations of off-label promotion – and usually not much else. [read post]
24 Jul 2013, 5:07 am
” Slip op. at 14, citing Buckman. [read post]
17 Apr 2012, 10:02 am
In this case, that means Buckman. [read post]
