Applying Buckman Preemption To Antitrust And RICO Claims

Law360, New York (April 18, 2017, 11:14 AM EDT) -- We've written before about Buckman preemption. That isn’t just out of pride regarding our colleague James Beck's role in the bone screw litigation that led up to the Buckman decision. The principle in Buckman is important.

What happened in Buckman? Here is a nice summary: “In Buckman, the plaintiffs brought state law claims against a consultant for injuries caused by orthopedic bone screws alleging that the defendant made fraudulent representations to the Food and Drug Administration (‘FDA’) in the course of obtaining approval to market the...
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