Sentences with phrase «preemption case»

March 15, 2018); Kaiser v. CSL Plasma Inc., 240 F. Supp.3 d 1129, 1135 (W.D. Wash. 2017)(implied preemption case); In re Bard IVC Filters Products Liability Litigation, 2017 WL 5625547, at * 4 (D. Ariz..

Any time the Court decides a preemption case, it's a significant new development.

And Tennessee's John Day catches a noteworthy automotive preemption case: «The Supreme Court of Appeals of West Virginia has ruled that a products liability claim was preempted by FMVSS 205, a safety standard that it says permits vehicle manufacturers to make a choice between tempered glass and laminated glass in side windows.

As acting General Counsel at HHS, he was on the FDA's amicus brief in Wyeth v. Levine, the prescription drug preemption case decided by the U.S. Supreme Court in 2009.

Advised the New York City Board of Health on preemption case brought to block implementation of its requirement for labeling in restaurants.

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.

The Court's fourth decision, Danforth v. Minnesota isn't technically a preemption case because it doesn't involve a conflict between federal and state statutes.

Three of the decisions involve classic preemption cases, i.e. whether a statute enacted by Congress overrides a conflicting state statute or common law remedy.

Not exact matches

With inflation and inflation expectations below target and declining, there would be little case for preemption even if inflation above target was a serious problem.

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.

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.

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.

In this case, the employer argued that Section 301 of the Labor Management Relations Act triggered preemption and barred this driver from bringing claims under New Jersey's Law Against Discrimination and Workers» Compensation Law.

The Connecticut Supreme Court adopted our analysis of the preemption issue in a case of first impression in the state.

In order for Section 301 preemption to apply and end this driver's state law case, the driver's claims would have to force the court deciding his case to interpret one or more elements of the collective bargaining agreement between the employer and its unionized drivers.

The presentation also included an overview of recent cases concerning ERISA preemption and the False Claims Act as well as regulatory initiatives for 2016.

The case concerned the application of a preexisting condition exclusion and a contractual limitation period, as well as ERISA preemption of state law claims.

We have, for example, obtained appellate victories in cases involving the preemption of state - law tort claims arising from the alleged malfunctioning of an FDA - approved medical device, the admissibility of statistical evidence that would rebut a plaintiff's evidence of future lost wages, and the purported duty to protect employees» spouses from second - hand asbestos exposure.

Moreover, motions to dismiss are an essential tool for reducing costs and speeding up case resolution in drug and device cases because of unique, dispositive issues such as preemption.

The definition of «contrary» was drawn from case law concerning preemption.

I agree that for the first category of search — the «get me the Supreme Court case on preemption,» free tools may be all you need (check out the new FastCase iphone app as well).

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.

Dec. 6, 2017)(as to Buckman preemption); Risperdal & Invega Product Liability Cases, 2017 WL 4100102, at * 10 - 11 (Cal.

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.

Unfortunately, it raises some constitutional questions around preemption (the doctrine that federal law invalidates state law when they are in conflict) and federal due process (which generally protects the right to take cases to court or make demands when they're sent in good faith).

Because Vermont's law is the first of its kind, no prior case law on the issue exists; however, the two Federal Circuit cases provide some insight into federal preemption of state laws relating to patents.