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11 Feb 2010, 9:08 am by Beck, et al.
  Preemption under Buckman is implied, not express, and further civil litigation after the government had resolved its own prosecution "would also 'conflict with the FDA's responsibility to police fraud consistently with the Administration's judgment and objectives.'"  Slip op. at 14 (quoting Buckman).The plaintiffs' last gasp was to argue that Altria Group, Inc. v. [read post]
26 Oct 2009, 8:41 am
However, a majority of the United States Supreme Court did not buy it, and in late 2008, issued its opinion in Altria Group, Inc. v. [read post]
27 Jul 2009, 7:18 am
Why becoming generic might be good for a trade mark (IPKat) Good old days of counterfeiting in Hong Kong? [read post]
4 Mar 2009, 10:42 am
  This decision is generally viewed as a companion to Altria Group, Inc. v. [read post]
17 Feb 2009, 3:22 pm
The Second Circuit's unanimous opinion -- authored by Judge Rosemary Pooler and joined in by Judges Sonia Sotomayor and Jane Restani (sitting by designation from the US Court of International Trade) -- relied heavily on the so-called "presumption against preemption" recently re-articulated in Altria Group, Inc. v. [read post]
7 Jan 2009, 6:00 am
By now, you have probably already read the Supreme Court's new preemption decision, Altria Group, Inc. v. [read post]
6 Jan 2009, 12:26 pm
On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. [read post]
18 Dec 2008, 8:11 am
Supreme Court dealt a big-blow to big tobacco companies in its Altria Group Inc. v. [read post]
16 Dec 2008, 7:16 pm
(Note: in California, punitive damages are not permitted at all in wrongful death actions.)This case comes on the heels of yesterday's much less favorable decision for the tobacco industry in Altria Group Inc. v. [read post]