2015, Compliance and Federal Policy - Health Care Compliance Brief

Logical Contradiction Doctrine: Buckman for Textualists

Drug & Device Law

JANUARY 30, 2023

483 (2013), concurrence regarding preemption concerning insurance policies of federal employees – supports preemption when the “ordinary meaning” of a federal statute “effectively repeals contrary state law” by virtue of a “direct conflict” Oneok, Inc. Dow Agrosciences LLC , 544 U.S. Maretta , 569 U.S. Learjet, Inc. ,

FDA

FDA Fraud Governance Medicare

Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

Drug & Device Law

JUNE 28, 2022

constitutes a ‘stop-selling’ theory, which courts have consistently found to be preempted by federal law.” In 2015, private plaintiffs, wielding state-law causes of action, attempted to enjoin the continued sale of homeopathic products market despite the FDA allowing them to be sold. 2015 WL 4514510 (S.D. July 24, 2015).

FDA

FDA Public Health Federal Policy Doctors

Health Care Compliance Brief

Logical Contradiction Doctrine: Buckman for Textualists

Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

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