Litigation

Beck, Herrmann and Zipursky on Preemption
First, Drug and Device Law Blog have posted an excellent primer on preemption. As Beck and Herrmann succinctly state: Implied preemption of tort cases is a big deal because how the Supreme Court addresses implied preemption in Levine ? the....

Why Doctors Should Worry About Preemption
Doctors, trial lawyers, and consumers actually have mutual interests in the continuing battle over "preemption." Preemption is the doctrine, whether by statute or case law that basically says if a product, such as a medical device or drug, is approved...

New Preemption Articles
There are two new articles covering preemption in products liability cases that should be of particular interest in light of the Supreme Court's decision last week to grant review in two preemption cases...

Preemption Chutzpah
Elizabeth Warren draws our attention to an astonishing example of banking industry chutzpah--claiming preemption protection against state foreclosure laws. Not only has no one ever historically believed that state foreclose law was preempted; the OCC's preemption reg's specifically carve out...

The Hard Headed Business Case for ERISA Preemption of State Health Insurance Mandates
Why does ERISA preemption matter in the health insurance context, and why do many people think it should preclude state health insurance mandates, such as the Wal-Mart law already deemed preempted in Maryland and the San Francisco ordinance that is currently the subject of litigation over the question? Leaving aside the legal reasons why the acts are preempted, it is because employers, who provide most of the health benefits in the country, rely upon the stability and predictability generated by ERISA and the preemption doctrine...

Medical Devices - Pleading to Avoid Preemption
An Illinois federal district court suggested two possible ways to get around a federal preemption ruling even as it dismissed a medical device product liability complaint on preemption grounds (Heisner v...

Chattanooga, TN
Seven months in back pay resolves pepper spray dispute.

Deja Vu
Exotic Dancers file class action claiming back wages

Canadian Government
former RCMP officer claims thousands of disability dollars clawed back.