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9 Oct 2014, 2:10 pm
We’ve always been of the opinion that the rationale for preemption in Buckman Co. v. [read post]
30 Jul 2013, 2:01 pm by Bexis
Thompson, 478 U.S. 804 (1986), for there being “no impediment” to negligence per se, ignores not only Buckman Co. v. [read post]
5 Apr 2013, 1:01 pm by Bexis
  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]
22 Mar 2013, 10:36 am by Bexis
Lohr, 518 U.S. 470, 491 (1996) (discussing “pre-emption of traditional common-law remedies” in the context of parallel claims); Buckman Co. v. [read post]
28 Dec 2012, 1:57 pm by Bexis
  In so doing, the court explicitly rejected the Desiano approach (which we revile), for all the right reasons – chiefly because Buckman is more than a mere pleading case and to follow Desiano would ignore the practical consequences that drove the result in Buckman. [read post]
10 Feb 2012, 8:39 am by Bexis
  The court held otherwise, finding the claims to be “squarely within the parameters” of Buckman Co. v. [read post]