Search for: "Buckman v. State" Results 81 - 100 of 347
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1 Aug 2012, 2:16 pm by Matthew A. Reed
As we noted here, the Ninth Circuit Court of Appeals’ decision in Stengel v. [read post]
30 Jan 2013, 1:47 pm by Bexis
  That's six states (two by their supreme courts) where, if we can't kill purported parallel FDCA-based claims on the front end with implied preemption under Buckman, we can try killing them on the back end as simply not stating a cause of action under existing state law (and if we're in federal court, we can add the Erie point about not reaching for novel, expansive state-law liability) - all by relying on state-specific peculiarities of… [read post]
20 Oct 2010, 1:20 pm by Bexis
Levine involved a traditional state-law claim and did not affect the inability of state-law plaintiffs to sue over FDCA violations having no parallel in state law.Lofton v. [read post]
15 Oct 2007, 4:14 am
Supreme Court is poised to answer the question whether Buckman Co. v. [read post]
13 Mar 2013, 5:24 am by Bexis
[and] [a] state law claim seeking a remedy for this violation is a disguised claim to privately enforce the federal law,” preempted under Buckman and 21 U.S.C. [read post]
23 Jul 2012, 12:50 pm by Bexis
  Forget express preemption; claims based on failure to provide information to the FDA are barred under Buckman Co. v. [read post]
18 Nov 2009, 5:11 am by Beck/Herrmann
Once a state's tort law becomes ingrained with the cause of action, it runs afoul of Riegel. 2009 WL 3817586, at *12 (discussing Bausch v. [read post]
25 Oct 2011, 11:05 am by Bexis
  That’s a form of fraud on the FDA, and it’s been preempted since Buckman Co. v. [read post]