Search for: "State v. Buckman"
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13 Nov 2014, 5:00 am
The case is McDowell v. [read post]
15 Oct 2014, 10:08 am
It also should not be terribly surprising that the decision came from this judge, who issued the first published decision excluding evidence under Buckman, Bouchard v. [read post]
13 Oct 2014, 12:01 pm
So, even though it is another favorable InFuse decision and we probably would have blogged about it anyway, the court’s clever turn of phrase was enough to reel us in:In light of Riegeland Buckman, a plaintiff can survive a preemption challenge to a state-law tort claim concerning an allegedly defective medical device only by steering between the Scylla of express preemption under § 360k(a) and the Charybdis of the implied Buckman preemption of claims… [read post]
9 Oct 2014, 2:10 pm
We’ve always been of the opinion that the rationale for preemption in Buckman Co. v. [read post]
29 Sep 2014, 11:59 am
Fla. 2013); Cook v. [read post]
12 Sep 2014, 1:41 pm
(Allen v. [read post]
8 Sep 2014, 11:53 am
Any such claim is impliedly preempted under Buckman. [read post]
3 Sep 2014, 9:00 am
Allergan, Inc. 13-1379Issue: Whether, under Buckman Co. v. [read post]
19 Aug 2014, 10:23 am
See Buckman Co. v. [read post]
18 Aug 2014, 1:29 pm
That it cannot do under Buckman Co. v. [read post]
5 Aug 2014, 12:24 pm
To the extent plaintiff’s claim was for “fraud on the FDA” it was preempted under Buckman Co. v. [read post]
29 Jul 2014, 11:08 am
Ashcroft v. [read post]
25 Jul 2014, 7:11 pm
Allergan, Inc. 13-1379 Issue: Whether, under Buckman Co. v. [read post]
21 Jul 2014, 12:06 pm
PLIVA, Inc., 713 F.3d 774, 777 (5th Cir. 2013) (citing Buckman Co. v. [read post]
1 Jul 2014, 6:40 am
That changed with the California appellate decision in Coleman v. [read post]
27 Jun 2014, 7:15 pm
Superior Court of California, Orange County 13-956 Issue: Whether the California Court of Appeal erred when it deepened an acknowledged circuit split and held—contrary to this Court’s decisions in Buckman Co. v. [read post]
27 Jun 2014, 9:43 am
The court undertook a state-by-state analysis of all 22 states – Arkansas, Connecticut, Florida (citing a case we sent to Westlaw), Georgia, Illinois (rejecting Dolin v. [read post]
25 Jun 2014, 2:00 pm
United States v. [read post]
17 Jun 2014, 8:45 am
Medtonic, 518 U.S. 470 (1996) and Wyeth v. [read post]
12 Jun 2014, 10:46 am
Because POM is not a preemption case, Buckman Co. v. [read post]
