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Preemption

1,720 published works

  1. Law of the Land

    AZ Appeals Court Held the City of Sedona’s Short Term Rental Policy Was Preempted by Arizona’s Short-Term Rental Statute

    By Patricia Salkin

    This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center Plaintiff, owner of a mobile home park brought suit against the City of Sedona seeking a…

  2. Tobacco Law Blog

    Virginia’s Vapor Product Directory Challenged in Federal Court

    By Troutman Pepper Locke Tobacco Practice, Bryan Haynes, Agustin Rodriguez, Zie Alere

    Earlier this fall, a small manufacturer and retailer (the Plaintiffs) sued Virginia Attorney General (AG) Jason Miyares and Tax Commissioner James Alex (the Defendants) in the U.S. District Court for…

  3. Drug & Device Law

    SDNY Preempts Most Cochlear Implant Claims

    By Stephen McConnell

    It's the most wonderful time of year, or at least Sirius channel 79 keeps telling us that.  Too much food, too much drink, too much family, and not quite enough…

  4. Hall Benefits Law Blog

    Federal Court Rules ERISA Doesn’t Preempt Arkansas PBM Rule

    By Anne Hall

    An Illinois federal district court has ruled that the Employee Retirement Income Security Act (ERISA) does not preempt an Arkansas Insurance Department (“the Department”) rule that regulates pharmacy benefit managers…

  5. Drug & Device Law

    Time to Chuck Lohr Out The Window and Start Over With Riegel?

    By Lisa Baird

    We have been mulling over Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) and federal preemption.  Yes, we need a life, but let’s put that aside for the moment.…

  6. Drug & Device Law

    OTC Preemption Letdown in the Eastern District of Pennsylvania

    By Eric Hudson

    We’ve blogged a lot recently about preemption and the dismissal of complaints alleging that certain over the counter products, including acne medications, sunscreens, antiperspirants, expectorants, and shampoos contain benzene.  Almost…

  7. Drug & Device Law

    Ruff Day for Far-Fetched Canine Drug Case

    By Stephen McConnell

    Today’s case, Hartney v. Zoetis, Inc., 2025 WL 2924661 (D.N.J. Oct. 15, 2025), is about a canine medicine allegedly gone wrong.  But lest you think the DDL blog has gone to the…

  8. Regulatory Oversight

    28 State AGs Defend State ENDS Directory Laws in Amicus Brief to Fourth Circuit

    By Troutman Pepper Locke State Attorneys General Team, Bryan Haynes, Michael Jordan

    On September 22, a group of 28 state AGs led by Iowa filed an amicus brief in Vapor Technology Association v. Wooten in support of North Carolina’s state directory law…

  9. Labor & Employment Law Blog

    NLRB Challenges California’s AB 288 as Preempted by Federal Law

    By Devin Lindsay, Keahn Morris, John Bolesta, James Hays

    The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288,…

  10. Drug & Device Law

    Preemption, Plausibility, and Parallel Claims

    By Bexis

    We’ve bashed the horrible decision in Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir. 2010), more times than we care to count.  This time we’re taking a look precedent…