Preemption News

Although the Home Affordable Mortgage Program doesn't allow for private federal actions against banks over their implementation of the program, a homeowner can bring state law claims, the U.S. Court of Appeals for the 7th Circuit has ruled.

We haven't spent enough time in the Lone Star State to know whether everything really is bigger in Texas. But when it comes to plaintiffs attorney fees in shareholder M&A cases, it looks like there may be some truth to the cliche.

Justices to rule on whether suits under the law, targeting robo-calls and unwanted faxes, can be brought in federal court.

Can a generic drug maker be held liable for failure-to-warn claims because its version of a popular drug gained U.S. Food and Drug Administration recognition as the industry standard?

Suits will continue to live on following a ruling Friday. Philadelphia Common Pleas Court Judge Sandra Mazer Moss sided with plaintiffs who argued that the Supreme Court decision, PLIVA, Inc. v. Mensing, only preempted claims targeting the warning labels on the drugs.

In the wake of a U.S. Supreme Court decision that state tort claims against generic drug manufacturers are pre-empted by federal regulations, a U.S. district judge has ruled that the decision does not strengthen the hand of pharmaceutical manufacturers to remove lawsuits to federal court.

The Michigan Supreme Court has upheld the rule of law by refusing to permit what amounts to a product liability suit against a drug manufacturer. In doing so, the court blocked an attempted end-run around a state law that bars suits against pharmaceuticals that have been approved by the U.S. Food and Drug Administration. The justices rightly refrained from acting as legislators in this case.

Congress may soon enact medical malpractice reform - if it can overcome a curious objection by the plaintiffs' bar. H.R. 5 would limit the amount of noneconomic and punitive damages that juries may award, in order to reduce health care costs and increase access to doctors. Two House committees approved the bill earlier this year.