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US Supreme Court Refuses To Review Ninth Circuit Lusnak Decision Requiring National Banks To Abide By State Interest-On-Escrow Laws
Yesterday, the Supreme Court announced that it would not review the Ninth Circuit's decision in Lusnak v. Bank of America, N.A., 883 F.3d 1185 (9th Cir. 2018).
United States
23 Nov 2018
Fourth Circuit Rules That Federal Law Preempts State-Law Claims Arising From Alleged Malfunction Of Medical Device That Complied With FDA Requirements
In Walker v. Medtronic, Inc., No. 10-2219, ___F.3d___ (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had received premarket approval from the Food and Drug Administration and had complied with all requirements imposed by the agency.
United States
7 Feb 2012
Supreme Court Decision Alert - January 18, 2012
Today the Supreme Court issued two decisions, described below, of interest to the business community.
United States
19 Jan 2012
Supreme Court Decision Alert - June 23, 2011
In a trilogy of closely watched cases, "PLIVA, Inc. v. Mensing", No. 09-993, "Activas Elizabeth, LLC v. Mensing", No. 09-1039, and "Activas, Inc. v. Demahy", No. 09-1501, the Supreme Court held today that the federal statutes and regulations governing the labeling of generic drugs preempt state-law failure-to-warn claims against generic drug manufacturers.
United States
29 Jun 2011
Supreme Court Decision Alert - June 16, 2011
The federal Anti-Injunction Act generally bars federal courts from enjoining proceedings in state court. 28 U.S.C. § 2283. One exception to that prohibition, commonly known as the "relitigation exception," permits a federal court to enjoin state court litigation "to protect or effectuate [the federal court’s] judgments."
United States
20 Jun 2011
Supreme Court Decision Alert - March 29, 2011
Astra USA, Inc. v. Santa Clara County, No. 09-1273 (previously discussed in the September 28, 2010 Docket Report).
United States
30 Mar 2011
Supreme Court Docket Report - December 13, 2010
The Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. 301 "et seq.", sets out the process through which generic drug manufacturers receive approval to market their products.
United States
14 Dec 2010
Supreme Court Docket Report - June 14, 2010
Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 provide that a business may be held liable for failure to disclose any material fact in connection with the purchase or sale of its securities.
United States
15 Jun 2010
Supreme Court Grants Certiorari in National Childhood Vaccine Injury Act Case
The National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") , 42 U.S.C. §§ 300aa-1 "et seq.", expressly preempts state-law claims against vaccine manufacturers if the injury or death giving rise to such a claim "resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning."
United States
18 Mar 2010
US Third Circuit Holds State-Law Deceptive Labeling Claims Not Preempted by Federal Law
A recent decision by the United States Court of Appeals for the Third Circuit suggests that manufacturers operating in heavily regulated industries may encounter difficulty when arguing that federal regulatory action impliedly preempts state-law claims.
United States
21 Aug 2009
Supreme Court Docket Report - Decision Alert - March 4, 2008
Under the Federal Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 301 et seq., a manufacturer must receive the approval of the Food and Drug Administration (FDA) before marketing a new drug. See 21 U.S.C. § 355(b).
United States
6 Mar 2009
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