News & Analysis as of

Preemption › Strict Liability

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

Jones Day on

On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

Segal McCambridge on

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

A&O Shearman

Second Circuit Affirms District Court’s Denial Of Motions To Remand, Finding That Removal Prior To Service Of The Complaints Was...

A&O Shearman on

On March 26, 2019, the United States Court of Appeals for the Second Circuit affirmed the removal and dismissal of claims brought against two pharmaceutical companies. Gibbons v. Bristol-Myers Squibb Company and Pfizer Inc.,...more

Cozen O'Connor

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Harris Beach Murtha PLLC

Significant New York Drug and Device 2017 Product Liability Decisions

Harris Beach Murtha PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Shook, Hardy & Bacon L.L.P.

Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

Shook, Hardy & Bacon L.L.P. on

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more

Faegre Drinker Biddle & Reath LLP

Five of the Top Drug & Device Developments in 2015

Faegre Drinker Biddle & Reath LLP on

As 2015 winds down, we reflected on some of the year’s most significant legal developments for drug and device manufacturers. In our opinion, the bench got it right (for the most part) this year. Here is a brief recap and...more

Baker Donelson

Federal District Court Rules Favorably for Medical Device Manufacturer in Off-Label Promotion Lawsuits

Baker Donelson on

On April 13, 2015, in the case of Kathleen Hafer v. Medtronic, Inc., the United States District Court for the Western District of Tennessee issued a favorable opinion to a medical device manufacturer in the context of...more

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