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31 Aug 2012, 2:43 pm by Bexis
United States, 132 S.Ct. 2492 (2012), and Chamber of Commerce v. [read post]
31 Mar 2015, 11:45 am
  Id. at *3 n.5.Any time courts mention private rights under the FDCA, we think back to Supreme Court’s implied preemption reasoning in Buckman Co. v. [read post]
8 Jun 2011, 12:43 pm by Bexis
Fraud-on-the-FDA claims are preempted by the United States Supreme Court decision Buckman Co. v. [read post]
6 Feb 2015, 3:38 pm
  The Ninth Circuit swung mightily and missed with McClellan v. [read post]
17 Jun 2015, 4:30 am
”  Buckman would preempt any state law claims alleging that the defendant duped the FDA. [read post]
25 Jan 2016, 1:44 pm
  Buckman then distinguished the “parallel claim” concept enunciated in Medtronic, Inc. v. [read post]
4 Jun 2015, 5:56 am
On May 26, 2015, the Solicitor General’s office responded to the United States Supreme Court’s Oct. 14, 2014 invitation for the government’s views on the certioraripetition filed in Athena Cosmetics, Inc. v. [read post]
27 Jun 2014, 7:15 pm by Maureen Johnston
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]
7 Jun 2012, 2:40 pm by Bexis
The United States Supreme Court, for one, has said so.   [read post]
10 Aug 2009, 10:00 pm
Sec. 337(a), only the United States can enforce the Federal Food, Drug and Cosmetic Act. [read post]
21 Mar 2013, 3:04 pm by Bexis
  The Court explained that aspect of parallel claims in more depth in Buckman Co. v. [read post]