More preemption inside baseball this post. If you’re not a preemption wonk like us, try again tomorrow. If you are, you’ll get a present today. We got exercised and went out and did some original research.
We started this post out thinking mostly about Executive Order 13132. Why an eight year old executive order,
Today we welcome our first guest post that’s not from somebody affiliated with one or the other of our firms. He’s Adam M. Masin, a senior associate with Reed Smith LLP. Adam is in Reed Smith’s Philadelphia office and – no big surprise – he’s a member of Reed Smith’s Products Liability Group, resident
At bottom, preemption is about power. Stripped to its essentials, any federal preemption argument amounts to the proposition that “supreme” federal power requires/encourages me/my client to do what we’re doing. Thus, your lesser (state) power can’t force me/my client to do something else or punish me/my client for doing what federal power demands. In our
We’re going to discuss preemption “inside baseball” again. If that’s not your thing, then click on the “back” button. If that’s what you’re really hot to hear about, then keep on reading. And after you’re done here, please, make arrangements to take a long vacation with your family to someplace where you can’t access this
Judge Stengel did some nice work on Wednesday, March 28. In 65 nicely reasoned pages, he came out in favor of both Vaccine Act and FDA prescription drug preemption. If that doesn’t make your spine tingle . . . well, why are you reading this blog, anyway?
In Sykes v. Glaxo-SmithKline, et al., No.