Posts tagged federal preemption

• Chalk One Up For The Good Guys; US Supreme Court Rejects Preemption

  Brooks Schuelke | March 04, 2009 11:32 AM | 0 CommentsAustin, TX Category: FDA & Prescription Drugs
  

  I spent a good part of last October writing about federal preemption of state tort claims, including talking about the case of Wyeth v Levine. In that case, Wyeth was asking the U.S. Supreme Court...

• Two New Studies Regarding Products Liability Claims Are Released Today

  Brooks Schuelke | November 14, 2008 9:15 AM | 0 CommentsAustin, TX Category: Defective & Dangerous Products
  

  There were two new studies released today, each discussing the need for the civil justice system to address defective products. First, Professor Andrew Popper from the American University,...

• What Does Obama's Election Mean For Preemption?

  Brooks Schuelke | November 06, 2008 12:01 PM | 0 CommentsAustin, TX Category: Defective & Dangerous Products
  

  We've spent the last month talking about preemption and earlier this week the Supreme Court heard the critical case of Wyeth v Levine, but was it all for nought? Is it possible that an Obama...

• The FDA Is Criticized For Its Stance On BPA

  Brooks Schuelke | November 01, 2008 10:16 AM | 0 CommentsAustin, TX Category: Defective & Dangerous Products
  

  Those watching the news have surely heard about the BPA controversy. BPA is a common product used in plastics, including hard plastic water bottles, baby bottles and the linings of soda cans. It has...

• Is The FDA Even Opposed To Complete Immunity Preemption?

  Brooks Schuelke | October 30, 2008 11:54 AM | 0 CommentsAustin, TX Category: FDA & Prescription Drugs
  

  Regular readers know that we've been looking at complete immunity preemption issues this month. In looking at these preemption issues, we've already seen how doctors are opposed to FDA preemption of...

• Halloween Candy Recalled -- Be On The Lookout For Chocolate Pirate Coins

  Brooks Schuelke | October 28, 2008 12:09 PM | 0 CommentsAustin, TX Category: Defective & Dangerous Products
  

  The problems with Chinese products may come to the public's attention this year as more and more Chinese Halloween candy is recalled. Yesterday I received a belated notice that Sherwood brand...

• Even Doctors Are Against Complete Immunity Preemption

  Brooks Schuelke | October 23, 2008 3:22 PM | 0 CommentsAustin, TX Category: FDA & Prescription Drugs
  

  With the Wyeth v. Levine case slated to be argued soon, preemption continues to stay in the news, and one of the biggest stories came out earlier this week when the Journal of the American Medical...

• The Other Side of Preemption

  Brooks Schuelke | October 21, 2008 8:39 PM | 1 CommentAustin, TX Category: FDA & Prescription Drugs
  

  Those of us at Injuryboard have been doing a series on the dangers of complete immunity preemption, and we've been talking about the dangers of preemption. In order to be fair, I wanted to highlight...

• Seat Belt Rules Provide A Timely Example of Preemption

  Brooks Schuelke | October 15, 2008 7:55 AM | 0 CommentsAustin, TX Category: Defective & Dangerous Products
  

  Last Friday, I wrote a post about preemption by rulemaking, but even I didn't know how timely it was. Thursday afternoon the National Highway Traffic Safety Administration issued new rules...

• Federal Preemption Part 4: Tort Reform By Rulemaking

  Brooks Schuelke | October 10, 2008 2:37 PM | 0 CommentsAustin, TX Category: Miscellaneous
  

  In our series on federal preemption, we've looked at an overview of federal preemption and examples of express preemption and implied preemption. Today, we'll look at one of the most egregious forms...