Search for: "Bates v. Dow Agrosciences LLC"
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14 May 2018, 7:24 am
” The Opinion cites the Supreme Court case Bates v. [read post]
24 Jun 2013, 12:50 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005), which involved an herbicide, not regulated by the FDA at all). [read post]
7 Sep 2012, 3:23 pm
Id.To get around TwIqbal, the plaintiffs in Ali trotted out Hofts v. [read post]
27 Jun 2012, 1:43 pm
See Bates v. [read post]
23 Nov 2011, 7:40 am
Dow Agrosciences LLC, 544 U.S. 431 (2005)), but she could just have easily cited any number of drug or device cases that likewise would have gone against her. [read post]
31 Mar 2011, 11:08 am
We of course like preemption, but after our side lost Wyeth v. [read post]
24 Mar 2011, 1:15 pm
We’re always open to flattery, and it’s flattering to us when somebody thinks that we provide the best legal research available (at least without a prescription). [read post]
13 Jan 2011, 2:55 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005), a non-FDCA case involving violation claims under a different statute. [read post]
1 Oct 2010, 9:26 am
The Supreme Court in Bates v. [read post]
27 Aug 2010, 2:41 pm
” Viguers v. [read post]
15 Mar 2010, 2:09 pm
Molina v. [read post]
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
., v. [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
See Colacicco v. [read post]
