January 13, 2008
Divided Supreme Court Allows the Kent Decision to Stand.
Written by Steve Herman
January 13, 2008
U.S. Supreme Court Holds that Claims for Defective Medical Devices Are Preempted Where Device Undergoes Pre-Market Approval Process.
Written by Steve Herman
January 13, 2008
U.S. House of Representatives Unanimously Rejects Preemption under Consumer Product Safety Act.
Written by Steve Herman
November 30, 2007
FDA Panel Acknowledges Serious Scientific Deficiencies and Inability to Respond to Current or Emerging Demands.
Written by Steve Herman
November 20, 2007
Fifth Circuit Finds No Preemption under Federal Motor Vehicle Safety Standard 205 in Rollover Case.
Written by Steve Herman
October 4, 2007
Fifth Circuit Addresses “Superceding Cause” and Claims for “Negligence” in Upholding Jury Verdict under LPLA.
Written by Steve Herman
July 3, 2007
FDA Preamble, Preemption Rejected in Vioxx and Zyprexa MDLs.
Written by Steve Herman
June 11, 2007
The U.S. Supreme Court Rejects Philip Morris’ Claim of Preemption under the Federal Officer Removal Statute.
Written by Steve Herman
February 22, 2007
Louisiana Supreme Court Requires Case-Specific Evidentiary Basis to Support Failure to Warn Claim Under the LPLA.
Written by Steve Herman
January 12, 2007
U.S. Fifth Circuit Affirms Standing, Yet Rejects Certification Due to Choice-of-Law Issue, in Breach of Warranty Case.
Written by Steve Herman