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Preemption

1,720 published works

  1. Roberts Disability Law Blog

    Federal Court Finds ERISA Preemption Bars Retiree’s State-Law Claims Over Lost Benefits

    By Michelle Roberts

    In Quinn v. Southern California Edison Company, at al., No. 2:25-CV-02624-ODW (KSX), 2025 WL 2432658 (C.D. Cal. Aug. 22, 2025), the U.S. District Court for the Central District of California…

  2. Regulatory Oversight

    Kalshi Faces Regulatory Scrutiny and Litigation From Several Angles

    By Troutman Pepper Locke State Attorneys General Team, Natalia Jacobo

    In addition to receiving cease-and-desist orders from several states (Arizona, Illinois, Montana, and Ohio), and ongoing litigation against New Jersey state gaming regulators in the U.S. Court of Appeals for…

  3. Drug & Device Law

    PMA Preemption in the Southern District of New York

    By Eric Hudson

    Today’s decision, Croci v. Zoll Medical Corp., 2025 WL 2307728 (S.D.N.Y. Aug. 11, 2025), is a straightforward, preemption-based 12(b)(6) dismissal of a complaint involving a Class III medical device.  The…

  4. Rural Spectrum Scanner

    WCB Seeks Comment on Intrepid’s Petition for Declaratory Ruling

    By Stephen Sharbaugh

    The FCC’s Wireline Competition Bureau (WCB) has issued a Public Notice seeking comment on a petition for preemption and declaratory ruling filed by BIF IV Intrepid OpCo LLC, pursuant to…

  5. Drug & Device Law

    At the Intersection of Preemption and Rule 702

    By Bexis

    While updating the preemption chapter of his drug and device product liability treatise, Bexis came across a proposition he had not thought about in a long time.  In two opinions…

  6. Drug & Device Law

    How Not To Create “Newly Acquired Information”

    By Bexis

    Bexis is updating (probably for the last time) the preemption chapter of his drug and device product liability treatise, so expect blogposts like this on preemption-related topics. Briefly, preemption in…

  7. Davis+Gilbert PERKS

    ERISA Preemption Continues to Shield Self‑Insured Health Plans From State Law

    By Davis+Gilbert PERKS

    Employers that sponsor employee benefit plans must comply with ERISA and other federal laws and are generally exempt from most state laws. However, lately, states are trying to regulate employee…

  8. Drug & Device Law

    Politics Over Patients (And Preemption)

    By Steven Boranian

    We don’t venture into politics here at the DDL Blog, but sometimes we have to call them like we see them.  A divided panel of the Fourth Circuit filed an…

  9. Regulatory Oversight

    Are State ENDS Directories Preempted? Federal Courts Are Split

    By Bryan Haynes, Agustin Rodriguez, Michael Jordan

    Over the past two years, at least 14 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product…

  10. Consumer FinSights

    OCC Reaffirms that its National Bank Preemption Regulations are Lawful

    By Jeffrey P. Ehrlich, David Hirsch

    On May 8, 2025, the Conference of State Bank Supervisors (“CSBS”) asked the Office of the Comptroller of the Currency (“OCC”)  to comply with Executive Orders 14129 and 14267 by…