The preemption case du jour is Gregory v. Boston Sci. Corp., 2025 U.S. Dist. LEXIS 164801, 2025 WL 2452382 (E.D.N.Y. Aug. 25, 2025), in which the Eastern District of New York granted summary judgment on federal preemption grounds. Every time we see a case that does that—upholds preemption on summary judgment—we wonder why the court... Continue Reading| Drug & Device Law
We’ve blogged recently about good preemption decisions in the Filshie Clips litigation from the Southern District of Texas (per Bexis, “as good a PMA medical device preemption decision as a defendant has a right to expect”) and the Northern District of Georgia. Today we add another preemption win in the same litigation from the Middle... Continue Reading| Drug & Device Law
In Hohenshelt v. Superior Court, the California Supreme Court held that California Code of Civil Procedure Section 1281.98—a do-or-die statute requiring| California Employment Law Update
Legislative ADU activity has been coming at such a dizzying pace that it is extremely hard for anyone to keep up. For ADU enthusiasts, this is excellent news, of course. The fact that States are no…| Accessory Dwellings
The Town of Tamperville, NC disconnects a customer’s water service for nonpayment. Two weeks later, a staff member reviewing usage data notices something unusual. Water is being used at the property, even though service has not been restored. A technician … Read more| Coates’ Canons NC Local Government Law
I grew up with an illegal ADU in my attic in Newton, MA that my mom used to house grad students from a nearby campus. The tenants were like members of our family; they literally walked through the …| Accessory Dwellings