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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

440 (2008) Buckman was not cited at all in the Merck Sharp & Dohme Corp. Plaintiffs Legal Committee , 531 U.S. Kent , 552 U.S. Albrecht , 139 S. 2019), or Mutual Pharmaceutical Co. Bartlett , 570 U.S. 472 (2013), implied preemption decisions, cited only by the dissent in Wyeth v. Dow Agrosciences LLC , 544 U.S.

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Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

Drug & Device Law

22, 2008)), aff’d , 919 F.3d Consequently, any claim “assert[ing] that the only way to comply with state law would have been for the Defendant to leave the market notwithstanding the Defendant’s compliance with the FDA’s directives” is preempted. Bristol-Myers Squibb Co. , 3d 644, 678 (S.D.N.Y. an] indication. . . 3d 699 (2d Cir.

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