Search for: "State v. Buckman"
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29 Oct 2013, 7:27 am
In addition to the prior conviction practically screaming "collateral estoppel," we were interested in the Buckman aspects of the original opinion, Johnson v. [read post]
17 Oct 2013, 5:00 am
Comment k could correspond to Led Zeppelin, and state of the art might be The Who.And it seems that, for each of these bands, there’s a song we really like that gets slighted (in our opinion) when it comes to air time on classic rock stations. [read post]
8 Oct 2013, 6:30 am
The court walks through PMA preemption under Riegel v. [read post]
24 Sep 2013, 12:35 pm
The case is Suckow v. [read post]
17 Sep 2013, 11:31 am
Buckman Co. v. [read post]
12 Sep 2013, 7:37 am
Levine, 555 U.S. 555 (2009), PLIVA v. [read post]
5 Sep 2013, 12:24 pm
Ray v. [read post]
30 Jul 2013, 2:01 pm
Thompson, 478 U.S. 804 (1986), for there being “no impediment” to negligence per se, ignores not only Buckman Co. v. [read post]
24 Jul 2013, 5:07 am
The case is called Johnson and Aguaiza v. [read post]
10 Jul 2013, 2:57 pm
Those cases were: Robinson v. [read post]
5 Jul 2013, 5:00 am
” We may have an overriding preemption or standing argument under Buckman Co. v. [read post]
3 Jul 2013, 5:00 am
See, e.g., Buckman Co. v. [read post]
20 Jun 2013, 5:00 am
Slip op. at 12 (citing Buckman Co. v. [read post]
21 May 2013, 10:24 am
McClelland v. [read post]
15 May 2013, 5:15 am
Instead, "Plaintiff’s claims in question are that Defendant breached well-recognized state law duties owed to her through conduct that is also a violation of federal law, and these claims are therefore not preempted by Buckman." [read post]
24 Apr 2013, 8:31 am
Panel originally applied Buckman preemption. [read post]
17 Apr 2013, 1:15 pm
Courts sometimes struggle with the interplay between state statutes that create a defense or presumption based on FDA approval, while carving out an exception for fraud-on-the-FDA or bribery, and federal preemption under Buckman. [read post]
16 Apr 2013, 6:51 am
The chairman of the Senate Committee on State Affairs, understood that under Buckman, “the state cannot enforce something . [read post]
11 Apr 2013, 12:33 pm
Elliott v. [read post]
5 Apr 2013, 1:01 pm
About the only good thing about Blockis its refusal to allow Parisian to testify directly that the defendant violated the FDCA, that being both an improper legal opinion and barred by Buckman Co. v. [read post]
