Topic
Preemption
1,720 published works
Roberts Disability Law Blog
Federal Court Finds ERISA Preemption Bars Retiree’s State-Law Claims Over Lost Benefits
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…
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…
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…
Rural Spectrum Scanner
WCB Seeks Comment on Intrepid’s Petition for Declaratory Ruling
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…
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…
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…
Davis+Gilbert PERKS
ERISA Preemption Continues to Shield Self‑Insured Health Plans From State Law
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…
Drug & Device Law
Politics Over Patients (And Preemption)
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…
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…
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…