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Searching Content indexed under Food, Drugs, Healthcare, Life Sciences by Andrew Tauber ordered by Published Date Descending.
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Ninth Circuit Affirms Preemption Of California Meat-And Poultry-Packaging Rule
The Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) impose requirements on meat producers with the goals of preventing adulterated or misbranded meat and meat products from being sold...
United States
1 Mar 2016
2
Supreme Court Decision Alert - February 22, 2012
Today the Supreme Court issued one decision, described below, of interest to the business community.
United States
23 Feb 2012
3
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
4
Supreme Court Docket Report - November 14, 2011
The Supreme Court granted certiorari today to resolve various constitutional challenges to the Affordable Care Act ("ACA" or "Act"), the Obama Administration’s signature health care law.
United States
16 Nov 2011
5
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
6
Supreme Court Docket Report - June 27, 2011
Section 408 of the Federal Meat Inspection Act ("FMIA" or "Act") prohibits States from imposing "[r]equirements . . . with respect to premises, facilities and operations of any establishment at which inspection is provided . . . which are in addition to, or different than those made under" the Act.
United States
29 Jun 2011
7
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
8
Court Decision Alert - March 22, 2011
Matrixx Initiatives, Inc. v. Siracusano, No. 09-1156 (previously discussed in the June 14, 2010 Docket Report).
United States
28 Mar 2011
9
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
10
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
11
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
12
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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