Sentences with phrase «federal preemption»

Thompson Publishing Group has a newsbrief that begins, «In one of the most important decisions on the issue of federal preemption of state law tort claims involving a pharmaceutical since the Supreme Court considered the issue in Wyeth v. Levine, 129 S. Ct. 1187 (2009), a federal appeals court has held that failure - to - warn claims brought against the manufacturer of the antidepressant Paxil are not preempted.»

We requested that the trial court dismiss the action on federal preemption grounds, leading to successful resolution prior to any discovery being undertaken.

Representation included multiple evidentiary hearings on a motion for stay, pending an administrative appeal; evidentiary hearings regarding alleged bias by members of the reviewing administrative agency; and a motion to dismiss on federal preemption grounds.

We filed an amicus curiae brief in the U.S. Supreme Court case, Medtronic, Inc. v. Lohr, 518 U.S. 470, which is the leading case regarding federal preemption in the medical device arena.

Recent matters include federal appellate court victories on behalf of a major investment firm in a case involving federal preemption, on behalf of government entities in a case involving foreign sovereign immunity, and on behalf of a leading defense contractor in a case involving aviation - related issues.

We have briefed and successfully argued federal preemption defenses in state and federal courts.

CompWest Insurance Company in California state and federal court actions regarding federal preemption of California air ambulance fee schedule.

Through his time serving with these appellate courts, he gained invaluable experience regarding appellate decision - making, state and federal procedural law, and a wide variety of substantive areas of law, including federal preemption, the National Labor Relations Act, the Federal Aviation Administration Authorization Act, employment law, fraud and conspiracy, and various criminal law matters.

Federal preemption doesn't just apply if a federal law explicitly preempts state law, nor even just if there's a direct conflict between the two.

Protect local democracy and democratic rights by commissioning a thorough review of federal preemption law and its impact on the practice of local democracy in the United States.

The Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of powers, due process rights, unreasonable searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech, and many other issues.

Federal preemption extends only as far as the Constitution permits.

He had many notable successes — in the Court's recent series of decisions related to the war on terror; in limiting federal preemption of state law (Wyeth v. Levine); upholding federal campaign finance laws (McConnell v. FEC); and in the environmental area (Massachusetts v. EPA).

If a partner tells you to find out what Wright and Miller say about federal preemption, for example, you don't want to be the person asking where their offices are.

New York Commercial Litigation associate Paul Stinson explains the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.

The existence of extensive federal preemption, in and of itself, is a strong indication that Congress preferred federal to state court jurisdiction in this aspect of the FDCA.

In a more recent case, Globetrotter Software, Inc. v. Elan Computer Group, Inc., the court elaborated on the decision in Zenith by holding that an allegedly «bad faith» patent assertion must pass the «objective baselessness» standard to survive federal preemption of state - law counterclaims for tortious interference with prospective economic advantage and unfair competition.

The defendants removed the case to federal court and moved for summary judgment on federal preemption grounds.

The firm is well versed in federal preemption defenses available to medical device manufacturers.

PHMSA Issues Public Invitation to Comment on Application for Federal Preemption on California Meal and Rest Break Requirements.

Problems will no doubt arise, including legal obstacles such as possible Federal preemption or litigation associated with the so ‑ called Dormant Commerce Clause.

He has litigated a broad range of issues, including Federal preemption; electrocution injuries; failure to warn and design defect; the admissibility of economic testimony; price - fixing and essential facilities; groundwater contamination; primary and exclusive administrative jurisdiction; alleged asbestos exposure; the extraterritorial application of Federal and state law, and the certification and decertification of consumer class actions.

However, a number of states have enacted law that seems to complicate this federal preemption analysis.

As I say I am not sure which dog I have in this fight, the question of federal preemption is a general national one, on THAT I favor localism, — as a default, not always

Our seasoned appellate lawyers have argued more than 130 cases before the US Supreme Court, including leading cases in areas such as antitrust, banking law, bankruptcy, communications, constitutional law, employment, energy regulation, federal preemption, patent, securities regulation and tax.

While affirming the dismissal of the product liability claims, the appellate panel reversed the dismissal of the medical negligence claims, finding that those actions were not subject to federal preemption (Cales v. Baptist Healthcare System, Inc., January 13, 2017, per curiam).

The firm successfully employed the defenses of federal preemption and learned intermediary for the class III PMA device at issue.

As a result, the concept of federal preemption of state corporate policy, an oft - discussed possibility, is gaining more traction.

We co-authored the brief filed in the United States Supreme Court on behalf of a medical device insurer in Lohr v. Medtronics, a critical case on federal preemption.

Read his brother Mike's statement here, where he describes the devastating impact that federal preemption can have preventing litigants from getting answers in cases like this.

Well civil justice fans, it's opening day for the U.S. Supreme Court, and first up on the Court's docket is the federal preemption case, Altria v. Good.

Obtained dismissal, based on federal preemption, of a national class action by boat owners alleging that gasoline containing ethanol is a defective product.

In re Green, 369 U. S. 689, held that contempt could not be imposed without a hearing where the state decree bordered the federal domain in labor relations and only a hearing could determine whether there was federal preemption.

She litigates and counsels clients on complex legal issues involving federal preemption and the reach of government power.