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Express Preemption Based On Forceful Agency Action Pursuant To Law

By Eric Alexander on July 13, 2023
Photo of Eric Alexander

When we have given talks on preemption, whether to law firm personnel, attendees of professional conferences, or new FDA employees, we have tended to start with the Supremacy Clause and then break up the types of preemption and the issues related to them into different buckets.  We have not had to name those buckets or…

Posted in Express Preemption, Implied Preemption, Preemption

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FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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This blog contains the personal views of the Blogging Team (and of any authors of guest posts) concerning various topics that arise in the defense of pharmaceutical and medical device product liability litigation.

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