LexisNexis® Legal Newsroom
U.S. Supreme Court Won’t Hear Drug Pump Adverse Event Preemption Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 23 let stand a federal appeals court ruling that there is no preemption of a claim that medical device manufacturer Medtronic Inc. violated its duty under federal law to report adverse events to the Food and Drug Administration...

Judge Permits Suit Against Whole Foods Over “All Natural” Claim To Proceed

By Stefanie Jill Fogel and Mary B. Langowski A federal judge in California has given the go-ahead for most claims in a lawsuit against Whole Foods Market based on the retailer’s use of the term “all natural” to proceed. The suit, filed in November 2013, accuses Whole Foods of misleadingly...

6th Circuit Panel Affirms Most Darvon/Darvocet/Propoxyphene Claims Are Preempted

CINCINNATI — (Mealey’s) The Sixth Circuit U.S. Court of Appeals on June 27 affirmed dismissal of 67 of 68 Darvon/Darvocet/ propoxyphene multidistrict litigation cases, finding that the plaintiffs either failed to properly plead their claims or that the claims are preempted by federal law...

Cal. Sup. Ct. on FEHA, Preemption: Salas v. Sierra Chemical Co.

"Plaintiff sued his former employer under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), alleging that defendant employer failed to reasonably accommodate his physical disability and refused to rehire him in retaliation for plaintiff‟s having filed a workers...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

U.S. Supreme Court Rules That CERCLA Does Not Preempt State Statutes Of Repose

The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case of CTS Corp. v. Waldburger , No. 13-339, [ enhanced...

Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for personal injury or property damage resulting from...

Court Denies Writ of Review of Enriquez En Banc Opinion (Air Ambulance Services): Cal. Comp. Cases August Advanced Postings (7/30/2014)

Here’s the first batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Zenith Insurance Company, insurer for...

The Pennsylvania Commonwealth Court Invalidates Additional Provisions of Act 13

Last month, the Pennsylvania Commonwealth Court issued an opinion, [ enhanced version available to lexis.com subscribers ], invalidating additional sections of Act 13 of 2012, Pennsylvania’s comprehensive overhaul of the former Oil and Gas Act. The cumulative effect of this ruling, combined with...

TSCA Reform Dead for 2014?

By Steven M. Siros Recent actions by Senator Barbara Boxer may have sounded the death knell for TSCA reform in 2014. On September 18, 2014, Senator Boxer unveiled what she characterized as revisions to a TSCA reform bill that had been being worked on by a bi-partisan committee within the Senate...

Arizona Smuggling Statute Preempted By Federal Law

"A federal judge has voided one of the last remaining sections of the controversial package of anti-immigration laws approved by Arizona lawmakers in 2010. The provision struck down Friday by U.S. District Court Judge Susan Bolton made it a state crime to “engage in the smuggling of human...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...

Undocumented Workers: U.S. Supreme Court Denies Cert in Sierra Chemical v. Salas

California WCAB applies Salas to another Salas case Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Now that the California Supreme Court...

Generic Drug Failure-To-Update Preemption Ruling Won’t Be Reviewed By High Court

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 20 denied review of a California appeals court ruling that a drug company may be liable for failure to update a generic drug’s warning label ( Teva Pharmaceuticals USA Inc., et al. v. Superior Court of California, et al. ...

Massachusetts High Court Affirms $63 Million Children’s Motrin Verdict For Child, Parents

BOSTON — (Mealey’s) The Massachusetts Supreme Judicial Court on April 17 affirmed a $63 million Children’s Motrin verdict, finding that the plaintiffs’ warning claim is not preempted, that its key expert was qualified to testify about causation and that the awards for the victim...

10th Circuit Majority Says Infuse Off-Label Claims Are Preempted By Congress

DENVER — (Mealey’s) In a 2-1 decision, a panel of the 10th Circuit U.S. Court of Appeals on April 21 affirmed that a plaintiff’s claim alleging off-label promotion and use of Medtronic Inc.’s Infuse bone graft system is preempted by federal law and congressional intent ( Patricia...

U.S. High Court Denies Review Of Last Pending Appeal Of Generic Label-Update Claim

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied review in the last pending “failure-to-update-warnings” preemption appeal by generic drug manufacturers ( Teva Pharmaceuticals USA, Inc., et al. v. Paul E. Hassett , No. 14-705, U.S. Sup. [lexis.com subscribers...

Food Court Report: Consumers Can Challenge Certified Organic Products They Believe Contain Improper Ingredients

In Segedie v. The Hain Celestial Group, Inc. , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], a trial court in the Southern District of New York held that plaintiffs had properly stated a claim of consumer fraud based on alleged misuse of the term “organic...

King v. CompPartners, Inc., et al.: Do Utilization Review Physicians Owe a Duty of Care to Applicants and What Is the Nature and Scope of the Duty of Care

By Raymond F. Correio, Esq. A recent decision from the Fourth District Court of Appeal, King v. CompPartners, Inc., et al. 243 Cal.App.4th 685, 80 Cal. Comp. Cases 10 , certified for publication, raises a number of provocative issues which will no doubt impact on the ongoing contentious battle between...

Federalization of Workers’ Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo

By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter A chronicle of workers’ compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives way to entrenched special interests . . . Every ...

Workers’ Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional

The Oklahoma Workers’ Compensation Commission’s decision may ultimately have set up a collision between ERISA preemption and the Oklahoma State Constitution By Michael C. Duff, Assoc. Dean of Student Programs and External Relations, and Centennial Distinguished Professor of Law, University...

CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio

Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity theft laws which prohibit using a false identity...

Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)

MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known as LR-121, would have denied a wide variety of...

California: Do Collective Bargaining Agreements Preempt Labor Code Section 132a?

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after trial to have wrongfully discriminated against an...

Workers’ Compensation Opt-Out Laws: No Escape From ERISA Preemption?

In ERISA Congress has created a “lock-box” in which it both carefully defines and limits state exclusions from the statute and aggressively sweeps up through preemption anything that remains. Thus, if an employee welfare benefit plan is not clearly and exactly excluded from ERISA, any state...