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.

Laws, regulations and rules, Medical equipment, United States. Food and Drug Administration, Exclusive and concurrent legislative powers, Preemption (Legislative power)

---

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.

Cases, Individual retirement accounts, Bankruptcy estates

---

Similar abstracts:

• Abstracts: The tort of bad faith: leaving insurers defenseless. Fifth Circuit joins other circuits in holding that arbitration clauses apply to ERISA claims
• Abstracts: Consequential damages in the international sale of goods: analysis of two decisions. Automated trading systems and the concept of an "exchange" in an international context proprietary systems: a regulatory headache!
• Abstracts: New York Court of Appeals adds new wrinkle to international taxation of estates. International trade legislation modifies taxation of some partnership distributions
• Abstracts: Fencing the oceans: a rights-based approach to privatizing fisheries. Subsidies are not property rights
• Abstracts: Directive applied to transfer of assets of company in voluntary liquidation

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.