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Preemption of State Law Tort Suits Against Medical Device and Drug Manufacturers
July 1, 2008Are state law personal injury suits against drug and device manufacturers preempted by federal regulation of these products?
This question has been the subject of much litigation since the early 1990s. The U.S. Supreme Court has issued a string of decisions in this area, with one case pending. But the preemption waters are likely to remain roiled for some time to come. A new twist involves combination device-drug or device-biologic products.
For the complete post, including an overview of preemption law as applied to drugs and medical devices, click here.
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- FDA Inspections Back Up To Speed (Except Those Now Deemed Unnecessary) August 16, 2022
- Landmark Drug Pricing Bill Set to Become Law; HP&M Releases Summary Slide Deck August 15, 2022
- New Lawsuit Challenges FDA’s Authority to Compel Patent Certifications August 11, 2022
- Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute August 5, 2022
- ACI’s Paragraph IV Disputes Master Symposium – September 21-22, 2022 (Chicago) August 5, 2022
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized