Topic
Preemption
1,720 published works
Drug & Device Law
Preemption Round Two in the Eastern District of New York
By Eric Hudson
About a year ago we blogged about a strong preemption decision from the Eastern District of New York, Gallego v. Tandem Diabetes Care, Inc., 2025 WL 948282 (E.D.N.Y. March 28,…
Consumer Financial Services Law Monitor
Second Circuit on Remand in Cantero: New York Escrow-Interest Law Is Preempted, Over a Vigorous Dissent
By Chris Capurso, Jason Cover, Stefanie Jackman, Caleb Rosenberg, Chris Willis, Taylor Gess, Colin Wilson
On May 5, the U.S. Court of Appeals for the Second Circuit issued its long‑awaited decision on remand in Cantero, again holding that New York’s 2% interest‑on‑escrow statute (General Obligations…
Drug & Device Law
Supreme Court Rejects Preemption: Does It Matter For Drug And Device Cases?
No, not that case. The appeal of the FIFRA preemption rulings in glyphosate litigation is still pending. This decision is Hencely v. Fluor Corp., No. 24-924, 2026 U.S. Lexis 1868…
Drug & Device Law
Hardly a Shock – PMA Preemption Prevails in New Mexico
By Bexis
Our PMA Preemption Scorecard now collects 729 opinions, the vast majority of which find preemption (which is why it’s a “scorecard”). Only three of them are from the Land of…
Consumer Financial Services Law Monitor
Tenth Circuit Grants En Banc Rehearing in Colorado DIDMCA Opt-Out Case, Vacating Prior Panel Decision
By Jason Cover, Caleb Rosenberg, Taylor Gess
The Tenth Circuit has granted rehearing en banc in National Association of Industrial Bankers v. Weiser, vacating its November 10, 2025, panel decision that had allowed Colorado to apply its…
Consumer Financial Services Law Monitor
Fourth Circuit Blocks West Virginia’s 340B Contract Pharmacy Law as Likely Preempted
By Virginia Bell Flynn, Chad R. Fuller, Jessamyn Vedro
The Fourth Circuit has affirmed a preliminary injunction barring enforcement of West Virginia’s S.B. 325, which sought to restrict how drug manufacturers implement contract pharmacy policies under the federal 340B…
The Daily Intake
District Court Rules that DOJ Has No Standing to Challenge California’s Egg Standards on Preemption Grounds
On March 18, 2026, the U.S. District Court for the Central District of California dismissed for lack of standing a complaint brought by the Department of Justice (DOJ) against the…
Regulatory Oversight
Eleventh Circuit Upholds Florida’s Lab-Grown Meat Ban Against Preemption Challenge
By Matthew Berns, William LaRosa
On March 23, 2026, the U.S. Court of Appeals for the Eleventh Circuit rejected an effort to preliminarily enjoin Florida's ban on lab‑grown meat. The Eleventh Circuit held that the…
LawSnap
Federal AI Preemption Sounds Simple But the Exceptions Won't Be.
By LawSnap
On March 20, the Trump administration released a Framework for Artificial Intelligence calling on Congress to “prevent a fragmented patchwork” of state AI laws by creating a “minimally burdensome” national…
The Daily Intake
11th Circuit Holds that Florida Ban on Cultivated Meat Not Preempted
The 11th U.S. Circuit Court of Appeals ruled in a March 23rd order (Law360 subscription required) that Florida law SB 1084, which bans the sale and manufacture of cultivated meat,…