Skip to main content

Topic

Preemption

1,720 published works

  1. Regulatory Oversight

    Prediction Markets Company’s Preemptive Lawsuits Aim to Carve Out a Federal Safe Harbor for Prediction Markets

    By Stephen C. Piepgrass, Ayana Brown

    On March 11, Kalshi filed a lawsuit in the U.S. District Court for the Southern District of Iowa against Attorney General (AG) Brenna Bird and members of the Iowa Racing…

  2. Inside Privacy

    District Courts Appear Skeptical of CAN‑SPAM Preemption and Constitutional Challenges to CEMA

    By Jehan Patterson, Irene Kim

    The Washington Supreme Court’s decision in Brown v. Old Navy LLC, 4 Wash.3d 580 (2025) has sparked a wave of putative class actions under Washington’s Commercial Electronic Mail Act (“CEMA”),…

  3. Drug & Device Law

    Another State AG Action On Electronic Cigarettes Impliedly Preempted

    By Eric Alexander

    Five months ago, we posted on a decision from an Ohio intermediate appellate court finding that a state AG action against sellers of vaping products was impliedly preempted under Buckman. …

  4. Municipal Minute

    Quorum Forum Podcast Ep. 103: Zoning, Preemption, and Housing: Navigating the BUILD Plan

    By Julie Tappendorf

    Building on yesterday's blog post, Ancel Glink just released Quorum Forum Podcast Episode 103: Zoning, Preemption, and Housing: Navigating the BUILD Plan. In this episode, Ancel Glink attorneys Erin Monforti, David Silverman,…

  5. Drug & Device Law

    A Textbook PMA Takedown: Every Count, Every Theory, Gone

    By Michelle Yeary

    If ever there were a case that reads like a checklist for how not to plead around preemption, it’s Dunham v. Boston Scientific Corp., -- F.Supp.3d--, 2026 WL 539533 (W.D.…

  6. Regulatory Oversight

    Methods For Challenging State Civil Investigative Demands

    By Ashley L. Taylor, Jr., Michael Lafleur, Sydney Goldberg

    This article was originally published on Law360 and is republished here with permission as it originally appeared on February 20, 2026. When a client receives a civil investigative demand, or CID, or equivalent subpoena from a…

  7. Drug & Device Law

    Everything Old is New Again: Buckman Preemption and Pedicle Screws

    By Michelle Yeary

    Some cases feel brand new. Others feel like a remake you didn’t ask for—but somehow know all the lines to already. This one is firmly in the latter category. For…

  8. Drug & Device Law

    PMA Preemption in the Northern District of Illinois

    By Eric Hudson

    We previously posted about plaintiffs’ shenanigans in attempting to defeat diversity in a medical device case removed to the Northern District of Illinois. Plaintiffs’ antics were unsuccessful, and the federal…

  9. Regulatory Oversight

    Bipartisan AG Coalition Opposes FCC Action to Preempt State and Local AI Laws

    By Troutman Pepper Locke State Attorneys General Team

    In a pair of recent submissions to the Federal Communications Commission (FCC), a bipartisan coalition including more than 20 state attorneys general (AG) opposed action by the FCC to preempt…

  10. Consumer Finance Monitor

    Today’s podcast episode: Breaking Developments in National Bank Act Preemption

    By Ballard CFS Group

    Our podcast show this week consists of a webinar we produced on November 10, 2025, titled, “Breaking Developments in National Bank Act Preemption.” Join our panel of top legal experts…