Federal bankruptcy law preemption of state law tort claims; tortious interference; abuse of discretion; supremacy clause; Civ.R. 60(B).
The Food and Drug Administration's pre-market approval of a defibrillator device constitutes a specific federal requirement warranting preemption of state law tort claims, the Wisconsin Court of Appeals has ruled. The plaintiffs were a married couple. The husband had an original version of an FDA-approved defibrillator implanted in his chest. When they learned that the manufacturer had discovered a problem with the device's battery and later marketed an improved version, they decided to have the husband undergo surgery to have the new version implanted.
This article confronts the profound implications for the administrative rulemaking process caused by the ascendancy of federal agencies in the preemption realm. Stakeholders with vested interests in preemption disputes, such as state governmental organizations, state attorneys general, consumer- and business-oriented organizations, and private litigants, can continue to ignore the preemptive rulemaking processes within federal agencies only at their peril. Taking a unique perspective "inside" the preemptive rulemaking processes within five major federal agencies that regulate in areas as diverse as health and safety, banking, and the environment, this article presents the first look at agencies' responses to Pres Obama's Memorandum on Preemption and their efforts to ensure compliance wi...
... indirectly, via federal agencies, such tort reform goals as eliminating common law tort liabil...
... theory best justifies the administrative state. (3) This normative question has ramifications for... III "define Is] the role assigned to the [federal] judiciary in a tripartite allocation of power" to... Who Decides: Federal Regulatory Preemption of State Tort Law, 65 N.Y.U. ANN. SURV. AM. L. 611...
[...] the fraud caveat Nagareda proposes fails to address a core institutional question: who should police fraud on the FDA-the agency itself or private litigants?" Embroiled within this institutional question, moreover, is a separate doctrinal one, namely the proper scope and interpretation of the Supreme Court's decision in Buckman Co. v. Plaintiffs ' Legal Committee, which held that state law fraud-on-the-agency claims are preempted by the federal Food, Drug, and Cosmetics Act (FDCA), given the uniquely federal interest at stake.12 The Court was set to take up this question this Term in Warner-Lambert Co. v. Kent, but in an equally divided (4-4) per curiam decision with no precedential value, the Court left resolution for another day.13 The resulting federalism conundrum (as aptly st...
... traditionally been the province of state tort law.1 This trend has prompted polarizing responses...
... the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337...The federal Medicaid statute's anti-lien provision, 42 U. S. C... any portion of a Medicaid beneficiary's tort judgment or settlement not "designated aspayme... would make a mockery of the[Act's] preemption provision." Id., at ___ (slip op., at 10).In a pre...
United States Court of Appeals. FOR ... cause of action and prevents federal preemption of state tort law and worker's compensation scheme...
...TO PROD AND PLEAD, OR PUNT? II. TORT LAW AND CHANGING CLIMATES III. BEFORE THE LAW SITS...Parens Patriae Standing C. Implied Preemption and Displacement IV. THE ACTIVE VIRTUES OF COMMON ..., many theorists of the administrative state argue that contemporary regulatory tasks require n... of self-interested minorities to loot the federal fisc." (7) Moreover, as the new governance school ...
ABSTRACT . Federal preemption is perhaps the most important public la... whether the federal government or the states control regulatory policy in a host of politically...From immigration to gay marriage, from tort reform to financial reform, the propriety of displ...
... . Rick Swedloff and Peter H. Huang, Tort Damages and the New Science . of Happiness, 85 IND... Mental Illness Health Insurance Through Federal Legislation, 44 GA. L. REV. 511 (2010). . John Co... Importing Lessons Learned .from the United States' Experience into European Community Competition La... Defect Claims?: Examining Federal Preemption in Light of American Home Products Corp. v. Ferrar...
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