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On-Demand

Preemption in Drug and Medical Device Cases: An Overview and Hot Topics


Average Rating:
Not yet rated
Practice Area:
Young Lawyers
Speakers:
Taryn W. Harper |  Erica A. Holzer |  Allison Ng |  Tom R. Pack
Duration:
1 Hour 02 Minutes
Format:
Audio and Video
License:
Access for 30 day(s) after purchase.


Description

Presented By: DRI's Young Lawyers Committee

Federal preemption is a key defense in drug and medical device product liability cases, and the FDA’s regulatory framework is the ever-present background factor for our clients and for litigation involving their products.  This webinar will provide a brief introduction to federal preemption, aimed at newer lawyers, before shifting to a robust discussion of strategically raising preemption defenses, and will conclude with a forecast of where federal preemption is headed, particularly given the impending changes to the FDA’s 510(k) clearance program.

Who Should Attend: 

  • Lawyers who are newer to drug and medical device litigation
  • Anyone looking for a refresher on federal preemption in this context
  • Attorneys looking for thoughts on the best time and way to raise the preemption defense
  • Practitioners interested in a discussion of the rapidly changing federal preemption landscape, the FDA’s changes to its 510(k) clearance program and the prospect of preemption in that context, and other hot topics in this fast-changing space. 

What Will You Learn?:

  • The basics of federal preemption in drug and medical device cases
  • How to strategically raise the defense in a variety of forums, stages of litigation, and fact patterns
  • What’s new on the horizon for federal preemption in drug and medical device litigation, including how changes to the FDA’s 510(k) clearance program could affect the preemption defense. 
  •  

 

Credits

Please note:

During the presentation, a one-digit number will randomly appear. This will happen 3 times. Please write down each number as, together, they will serve as your "CLE Password".

DRI will apply for CLE in your state upon request in writing to cle@dri.org

Once the approval is received, DRI will report your attendance to your local state agency where applicable. For more information, please see the "Post Seminar Action" for your state below.

Approval times can take anywhere from 4 - 6 weeks.



Alabama

Number of Accredited Hours: Pending
Ethics included: 0
Post-Seminar Action: 

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Alaska

CLE programs which take place outside of Alaska are not required to be accredited by the Alaska Bar Association. Alaska Bar members may claim credit for attendance at CLE programs offered in or from other jurisdictions if the program has been accredited by another MCLE jurisdiction.

Arizona

Arizona does not pre-approve CLE.

Arkansas

Number of Accredited Hours: 1.00
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

 

California

Number of Accredited Hours: 1.00
Ethics included: 0
Elimination of Bias in the Legal Profession included: 0
Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence included: 0
Post Seminar Action: Please Keep The Certificate For Your Personal Records.

 

Colorado

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Connecticut

Number of Accredited Hours: 1.00
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Delaware

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Florida

Number of Accredited Hours: Pending
Ethics included: 0
Elimination of Bias in the Legal Profession included: 0
Technology included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Georgia

Number of Accredited Hours: Pending
Ethics included: 0
Professionalism included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Hawaii

This course was approved under the Hawaii "Approved Jurisdiction" policy, Pennsylvania being an Approved Jurisdiction. 

Number of Accredited Hours: 
Ethics included:
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Idaho

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: D

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Illinois

Number of Accredited Hours: Pending
Ethics included: 0
Diversity and Inclusion included: 0
Mental Health included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Indiana

Number of Accredited Hours: Pending
Ethics included: 0
NLS (Non-Legal subject) included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Iowa

Number of Accredited Hours: Pending
Ethics included: 0
Diversity & Inclusion included: 0
Wellness included: 
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Kansas

Number of Accredited Hours: Pending
Ethics included: 0
Law Practice Management included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Kentucky

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Louisiana

Number of Accredited Hours: Pending
Ethics included: 0
Professionalism included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Maine

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Minnesota

Number of Accredited Hours: Pending
Ethics included: 0
Elimination of Bias included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Missisippi

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Missouri

Number of Accredited Hours: Pending
Ethics included: 0
Elimination of Bias included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Montana

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Nebraska

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Nevada

Number of Accredited Hours: Pending
Ethics included: 0
Substance Abuse included: 
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

New Hampshire

As of July 1, 2014, attorneys will be reporting their own attendance to programs on a new online system. There will no longer be sponsor accreditation in NH.

New Jersey

Number of Accredited Hours: 1.20
Ethics included: 0
Post Seminar Action: Please Keep The Certificate For Your Personal Records

New Mexico

Number of Accredited Hours: 1.00
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

New York

This course was approved under the New York Approved Jurisdiction Policy, Pennsylvania being an Approved Jurisdiction. 

Number of Accredited Hours: 1.00
Ethics included: 0
Diversity and Inclusion included: 0
Post Seminar Action: Please Keep The Certificate For Your Personal Records

North Carolina

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

North Dakota

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Ohio

Number of Accredited Hours: Pending
Professional Conduct included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Oklahoma

Number of Accredited Hours: Pending
Ethics included: 0 
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Oregon

Number of Accredited Hours: Pending
Ethics included: 0
Access to Justice included: 0
Mental Health/Substance Use included: 
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Pennsylvania

Number of Accredited Hours: 1.00
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Rhode Island

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

South Carolina

Number of Accredited Hours: Pending
Ethics included: 0
MH/SA included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

 

Tennessee

Number of Accredited Hours: Pending
Dual included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

 

Texas

Number of Accredited Hours: Pending
Ethics included: 0 
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

 

Utah

Number of Accredited Hours: Pending
Ethics included: 0
Professionalism & Civility included: 
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

 

Vermont

Number of Accredited Hours: 1.00
Ethics included: 0
Post Seminar Action: Please Keep The Certificate For Your Personal Records

 

Virginia

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

 

Washington

Number of Accredited Hours: Pending
Ethics included: 0
Nexus Subject included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

 

West Virginia

Number of Accredited Hours: 1.20
Ethics included: 0
Post Seminar Action:

You are Required to Complete the DRI CLE Evaluation Within 30 Days After the Seminar has Concluded.

Contingent Upon your Prompt Completion of the CLE Evaluation, DRI Will Submit Credit For You To Your State Agency Within 30 Days.

Wisconsin

Number of Accredited Hours: 1.00
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency

Wyoming

Number of Accredited Hours: Pending
Ethics included: 0
Post Seminar Action: Please Self-Submit Credits To Your State Agency


Speaker

Taryn W. Harper Related Seminars and Products

Greenberg Traurig LLP


Taryn W. Harper is an associate at Greenberg Traurig LLP in Atlanta, Georgia, focusing her practice on products liability litigation, with an emphasis on pharmaceutical and medical device litigation. She has experience with products liability matters in both state and federal courts, including single plaintiff actions and mass tort actions involving a variety of products and medical issues. Taryn is co-editor of Raising the Bar, the newsletter of the DRI Young Lawyers Committee.
 


Erica A. Holzer Related Seminars and Products

Maslon LLP


Erica A. Holzer is an associate at Maslon LLP in Minneapolis, Minnesota, representing clients in complex commercial disputes primarily in the areas of tort and product liability, consumer fraud, business torts, and breach of contract actions.
 



Tom R. Pack Related Seminars and Products

Maslon LLP


Tom R. Pack is an associate at Maslon LLP in Minneapolis, Minnesota, where he represents businesses in product liability matters and in other complex business litigation, with a focus on the drug and medical device industries.  Tom is co-vice-chair of the Young Lawyers Diversity Subcommittee.
 


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