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13 Jan 2011, 2:55 pm by Bexis
  Id.Next, in Buckman Co. v. [read post]
29 Dec 2010, 12:54 pm by Bexis
  There've been a raft of good decisions, although none from the United States Supreme Court, for all us practitioners on the right (in more ways than one) side of the “v. [read post]
29 Jul 2010, 5:00 am by Bexis
Medtronic, Inc., 552 U.S. 312 (2008), and – depending on the allegation – maybe implied preemption under Buckman Co. v. [read post]
15 Apr 2010, 9:20 am by Bexis
”  Buckman, 531 U.S. at 349 n. 4.The Supreme Court made clear in Buckman that this section also limits the ability of a private plaintiff to pursue claims under state law theories where such claims collide with the exclusive enforcement power of the federal government. [read post]
18 Feb 2010, 10:34 am by Beck, et al.
Because those are federal statutes, they can’t be “preempted” the way state-law claims were in Buckman Co. v. [read post]
19 Oct 2009, 4:30 am
Temple University Hospital, 566 Pa. 335, 340 781 A.2d 101, 104 (2001) (quoting Buckman Co. v. [read post]
2 Sep 2009, 11:22 pm
Such a state court proceeding would raise the same inter-branch-meddling concerns that animated Buckman. [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]
30 Jul 2009, 4:16 am
Under Buckman:[A] private litigant cannot sue a defendant for violating the FDCA. [read post]
6 Nov 2008, 8:45 pm
We've had a chance now to read - no, make that "study" - the Wyeth v. [read post]