Courts and FDA wrestle with pre-emption issues; the FDA withdrew a proposed rule limiting the pre-emption defense for medical devices
Article Abstract:
The pre-emption provisions in the Medical Device Amendments of 1976 continue to be controversial, with the FDA proposing, at the end of 1997, a regulation stating that pre-market approval would not entitle the manufacturer to a pre-emption defense. The pre-emption provision reached the US Supreme Court in 1996 in Medtronic, Inc v. Lohr and rejected manufacturer arguments that plaintiff claims against the manufacturer of a cardiac pacemaker were pre-empted.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Two circuits hold that IRA is exempt from bankruptcy estate
Article Abstract:
An IRA can exempted from inclusion in a Chapter 7 personal bankruptcy estate according to state laws. This principle was at the heart of rulings in separate 1997 cases in the Second and Ninth Circuit Courts. In both cases, however, only small IRAs were at issue, so case law remains somewhat unsettled as to the amount of exemption available to persons with large balances in their accounts.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1997
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