Read Health Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Going on the Offense: Proactive Strategies to Reduce Uncertainty
Craft Beer Boom in Michigan
Medicaid Receiving Startlingly Little Attention As Everyone Discusses Medicare
Digital Health: Revolutionizing Healthcare
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Hot Companies in Digital Health
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Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
Jennifer Abril on The Story of Fragrances
Obamacare May Be Headed Back to Supreme Court As Contraception Mandate Comes Under Fire
Supreme Court to Decide Whether or Not Human Genes Are Patentable
Election results and the Affordable Care Act – What can employers do now?
Corporate Law Report: Obamacare Deadlines, $13M for Exotic Dancer Misclassification, 2013 Medicare Taxes, More...
Will New Marijuana Laws Go Up In Smoke?
Stealth Lawyer: Tama Matsuoka Wong, Forager for Restaurant Daniel
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
A lot of people think that Ronald Reagan won the presidency in 1980 in his first debate when he replied jokingly “there you go again” to then-President Carter’s attempt to portray him as some sort of rightwing nut intent upon...more
We don't see many successful applications of preemption with respect to 510k, Class II medical devices since Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), so when we do, it's a big deal. Here's one. Today, in Degelmann v....more
Since the first sneeze, people have been trying to cure the common cold. While the cure remains elusive, everyone has a remedy for its symptoms – chicken soup, salt water gargle, fresh chopped garlic on crackers and, our...more
Earlier this week, an Institute of Medicine’s Committee released its report on the Public Health Effectiveness of the FDA 510(k) Clearance Process. The report offers a variety of recommendations and suggested reforms for...more
On June 23, 2011, in a 5-4 decision, the Supreme Court held that federal law preempts state law failure-to-warn claims against generic pharmaceutical manufacturers. Pliva, Inc. v. Mensing, No. 09-993 (June 23, 2011). The...more
Generic Manufacturers Win Preemption In Mensing
The Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011). We’d like to talk about Mensing, but it’s a...more
In this issue: FDA Warning And Untitled Letters - Using Historical Reference To Avoid Receiving Them In The Future; Healthcare Reform - Actions That Can Be Implemented Today To Prepare For Changes; Generic Preemption After...more
Following the U.S. Supreme Court's March 2009 landmark decision in Wyeth v. Levine, state and federal courts have struggled with how to apply Levine to failure-to-warn products liability claims against generic pharmaceutical...more
The U.S. Supreme Court's decision in Wyeth v. Levine, 129 S.Ct. 1187 (2009), found that plaintiffs' state-law based failure-to-warn claims were not preempted in the context of drugs manufactured by innovator manufacturers....more
Over the past two years, the United States Supreme Court has had two opportunities to address and add to the jurisprudence in the area of federal pre-emption of state law claims regarding allegedly defective medical devices...more
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