The court recognized several "weaknesses in Roberts' assertion of preemption." It noted that other courts have "typically" applied the implied preemption doctrine in cases where defendant had the ...

In Williamson v. Mazda Motor of America (No. 08-1314), the Court today reversed a California decision and resuscitated a product liability claim involving the failure to install ...

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 ...

Several of our recent commentaries (here and here) have extolled the virtues of national uniformity for the regulation of interstate commerce. Those posts focused on litigation involving federally ...

In Nexus Pharms., Inc. v. Cent. Admixture Pharm. Servs., 48 F.4th 1040 (9th Cir. 2022), the plaintiff, developer of Emerphed, an FDA-approved drug, alleged that the defendant (an Illinois compounding ...

In late October, the Supreme Court quietly declined to review Lipschultz v. Charter Advanced Services, an Eighth Circuit decision that preempted state regulation of fixed Voice-over-Internet-Protocol ...

On its face, the concept of preemption does not seem especially complicated: when federal law and state law clash, federal law prevails. This is the direct result of Article VI, section 2 of the ...

A recent U.S. Supreme Court ruling that a common law claim was preempted by federal airline law was bad news for a disgruntled frequent flier who tried to sue Northwest Airlines for revoking his ...

This quarter Chief Judge Frank P. Geraci Jr. conducted what was likely the first in-person federal court jury trial since the onset of the COVID-19 pandemic in June. Meanwhile, Senior Judge David G.

The Supreme Court's decision yesterday in Wyeth v. Levine gives unprecedented power to juries in deciding issues far outside their expertise. Though the details of the case are technical, its ...

Anyone who's ever used eye drops has experienced solution overflow. You tilt your head back, pry your eye open, hold the dispenser close to your eyeball, and even though you squeeze very gently, some ...