Add to ORKGRecent cases have shown that federal preemption is a very powerfuldefense for a pharmaceutical or medical-device manufacturer to use incommon law products liability litigation. A January 2008 decision bythe California Court of Appeals for the Second Appellate District (SeventhDivision) found that the rigorous federal pre-market approval process resultsin federal preemption of common law tort claims for medical devices. Indoing so, this court made it nearly impossible for a plaintiff to bring a statecommon law products liability action against a medical device manufacture
Part I of this article examines the preemption doctrine while Part II explores the development of th...
This symposium was convened to address the growing and seemingly conflicting jurisprudence governing...
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illumin...
Recent cases have shown that federal preemption is a very powerfuldefense for a pharmaceutical or me...
Should manufacturers of cutting-edge medical devices ever be able to avoid liability from common law...
The purpose of this paper is to explore the relationship between federal medical device regulation a...
In virtually every case involving a defective product you can anticipate the manufacturer or supplie...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regul...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products...
Under the Medical Device Amendments of 1976 (MDA), Congress established a complex scheme for regulat...
A circuit split regarding the preemptive scope of the Medical Device Amendments of 1976 (MDA) has wi...
The reach of Federal statutory preemption of inconsistent state law obligations has extended to nume...
Part I of this article examines the preemption doctrine while Part II explores the development of th...
This symposium was convened to address the growing and seemingly conflicting jurisprudence governing...
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illumin...
Recent cases have shown that federal preemption is a very powerfuldefense for a pharmaceutical or me...
Should manufacturers of cutting-edge medical devices ever be able to avoid liability from common law...
The purpose of this paper is to explore the relationship between federal medical device regulation a...
In virtually every case involving a defective product you can anticipate the manufacturer or supplie...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regul...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products...
Under the Medical Device Amendments of 1976 (MDA), Congress established a complex scheme for regulat...
A circuit split regarding the preemptive scope of the Medical Device Amendments of 1976 (MDA) has wi...
The reach of Federal statutory preemption of inconsistent state law obligations has extended to nume...
Part I of this article examines the preemption doctrine while Part II explores the development of th...
This symposium was convened to address the growing and seemingly conflicting jurisprudence governing...
Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illumin...