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Implied Preemption

Morrison & Foerster LLP

Implied Preemption for Dietary Supplements Is Here to Stay

On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more

Law School Toolbox

Law School Toolbox Podcast Episode 386: Listen and Learn -- Federal and State Powers (Con Law)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today we're talking about three different topics in Constitutional Law that are sometimes tested together: executive authority, federal preemption, and commandeering. These...more

McDermott Will & Emery

FDCA’s Exclusive Enforcement Provision Reigns Supreme over State Laws

McDermott Will & Emery on

In its first occasion to interpret § 353b of the Federal Food, Drug, and Cosmetic Act (FDCA), the US Court of Appeals for the Ninth Circuit relied on the “implied preemption doctrine” to affirm a district court’s case...more

McDermott Will & Emery

No Remix: Copyright Act Preempts Right Of Publicity Claim

The US Court of Appeals for the Second Circuit found that the federal Copyright Act preempts a state right of publicity claim when the latter is merely “a thinly disguised effort to exert control over an unauthorized [use of...more

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