Topic
Preemption
1,720 published works
Regulatory Oversight
Court Rules That Ohio AG Cannot Enforce FDA Premarket Authorization Requirements
An Ohio appellate court recently affirmed the dismissal of a case brought by the Ohio attorney general (AG) against Central Tobacco & Stuff Inc. (Central Tobacco), an e-cigarette retailer, in…
Financial Services Perspectives
First Circuit Strikes Additional Blow Against the Value of an OCC Charter
By David T. Long Jr., Robin-Renee Keys, Andrew J. Narod, Robert Maddox
In its 2024 decision Cantero v. Bank v. America, N.A., the Supreme Court established the approach courts must follow in determining whether a state consumer financial law prevents or significantly…
Inside Class Actions
Post-Cantero, First Circuit Sets Demanding National Bank Act Preemption Test
By Jeffrey Huberman, Andrew Soukup
Lenders often require borrowers to keep money in a mortgage escrow account, and those funds are used to pay taxes, mortgage insurance, and other costs throughout the year. At least…
Transportation Law: Moving Forward
STB Considering Move to Clarify ICCTA Preemption
By Mimi Dennis
The Surface Transportation Board (STB) recently announced that it is considering issuing a policy statement clarifying the scope of preemption under the Interstate Commerce Commission Termination Act of 1995 (ICCTA).…
California Employment Law Update
Supreme Court Saves (But Guts) Anti-Arbitration Statute
By Tony Oncidi
Hohenshelt v. Golden State Foods Corp., 18 Cal. 5th 310 (2025) In this closely watched case, the California Supreme Court held that California Code of Civil Procedure Section 1281.98 — a…
Consumer Finance Monitor
Today’s podcast episode: First Circuit Rules National Bank Act Does Not Preempt Rhode Island State Law: Is There Still Any Advantage to Having a National Bank Charter?
As our regular podcast listeners know, we ordinarily release a new podcast show once each week on Thursday. On a very few occasions, we have released a special extra podcast…
Religion Clause
Kansas Supreme Court: Expanded Religious Exemption from Covid Vaccine Mandate Is Not in Conflict with Title VII
In Powerback Rehabilitation, LLC v. Kansas Department of Labor, (KS Sup. Ct., Sept. 26, 2025), the Kansas Supreme Court in a 4-2 decision, upheld a Kansas statute (K.S.A. 2023 Supp. 44-663) that…
Consumer Finance Monitor
First Circuit Rules National Bank Act Does Not Preempt Rhode Island State Law
By Joseph J. Schuster, John L. Culhane, Jr., Ronald K. Vaske, Richard J. Andreano, Jr., Alan S. Kaplinsky
HERE IS A LINK TO OUR SPECIAL PODCAST SHOW ABOUT THIS CASE AND ITS ENORMOUS IMPLICATIONS RELEASED ON WEDNESDAY, OCTOBER 1. On September 22, 2025, a panel of the First…
Drug & Device Law
Filshie Clip Preemption Redemption
Don't stop us if you've heard this before, because you have. (Here and here, for example). Wilson v. Coopersurgical, Inc., (S.D. Illinois Sept. 9, 2025), is yet another case from…
Drug & Device Law
More Filshie Clip Preemption
By Eric Hudson
We’ve blogged recently about good preemption decisions in the Filshie Clips litigation from the Southern District of Texas (per Bexis, “as good a PMA medical device preemption decision as a…