Topic
Preemption
1,720 published works
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…
Inside Privacy
District Courts Appear Skeptical of CAN‑SPAM Preemption and Constitutional Challenges to CEMA
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”),…
Drug & Device Law
Another State AG Action On Electronic Cigarettes Impliedly Preempted
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. …
Municipal Minute
Quorum Forum Podcast Ep. 103: Zoning, Preemption, and Housing: Navigating the BUILD Plan
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,…
Drug & Device Law
A Textbook PMA Takedown: Every Count, Every Theory, Gone
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.…
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…
Drug & Device Law
Everything Old is New Again: Buckman Preemption and Pedicle Screws
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…
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…
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…
Consumer Finance Monitor
Today’s podcast episode: Breaking Developments in National Bank Act Preemption
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…