Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:
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Condo Adviser: Adjacent Development Rights and Objections
Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
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The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy
In March, the U.S. Supreme Court held oral argument in Mutual Pharmaceutical Co. v. Bartlett, concerning whether design-defect claims against generic drug companies are preempted by federal law. Although the case addresses...more
The U.S. Supreme Court has heard oral argument in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)). The...more
Today, the Supreme Court of the United States held oral argument in Mutual Pharmaceutical Co. v. Bartlett, a follow-up to its landmark ruling in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which addressed federal...more
Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more
Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more
Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more
Medical Device Companies should be aware of a recent en banc ruling by the Court of Appeals for the Ninth Circuit that has the potential to increase litigation involving class III medical devices....more
The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett,...more
Robinson v. SSW, Inc. California Court of Appeal, First District (September 21, 2012) Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more
Originally published in Washington Legal Foundation on August 3, 2012. Class action lawyers looking for a shakedown have gone on a food binge. They have focused on the food industry and the ever-obliging federal court...more
As we noted, the Ninth Circuit Court of Appeals’ decision in Stengel v. Medtronic Inc. (676 F.3d 1159 (9th Cir. 2012)) left plaintiffs who sue the manufacturers of pre-market approved devices precious little in the way of...more
It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country can be distributed and sold...more
The Supreme Court’s opinion in Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341, 349-50 (2001), recognizes that any attempt by a plaintiff to enforce the FDCA is preempted by federal law, because Congress entrusted...more
The Ninth Circuit Court of Appeals has further curtailed the universe of state law claims pertaining to Class III medical devices that are neither expressly preempted by Riegel v. Medtronic, Inc., 552 U.S. 312, 315 (2008) nor...more
The Ninth Circuit Court of Appeals recently shrank universe of state law claims pertaining to Class III medical devices that remain untouched by Riegel express preemption or Buckman implied preemption. In Stengel v....more
We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing. There are two opinions. The first, In re Reglan...more
In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more
Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more
The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals in the country for defendants in prescription...more
It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more
We’ve posted before about MDLs – and the Darvocet MDL in particular – being the new “heavyweight” division for the one-two punch of product identification (can’t sue non-manufacturers) and generic preemption (can't sue...more
Sometimes good ideas don’t prevail the first time – or even the first few times – they make their appearance. With that in mind we bring to your attention Windle v. Synthes USA Products, Inc., 2012 U.S. Dist. Lexis 52397...more
We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one of the reasons the blog is here: to discuss what we do...more
In This Issue: *United States Supreme Court Holds Federal Locomotive Inspection Act Preempts Entire Field of Regulating Locomotive Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based...more
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