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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Plaintiffs Legal Committee , 531 U.S. Mensing , 564 U.S. Mensing , 564 U.S. Lohr , 518 U.S.

FDA 72
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Federal Officer Removal Fails In California

Drug & Device Law

But the UHC entities included Medicare Advantage Organizations (“MAOs,” not to be confused with monoamine oxidase inhibitors or any particular potentate) regulated by the Centers for Medicare and Medicaid Services (“CMS”) applying various Medicare laws and regulations. Darue Eng’g & Mfg. ,