Topic
Preemption
1,720 published works
Consumer Finance and Fintech Blog
OCC Rejects Calls to Roll Back Preemption Rules
By A.J. Dhaliwal, Mehul Madia, Maxwell Earp-Thomas
On June 9, Acting Comptroller of the Currency Rodney Hood issued a letter rejecting the Conference of State Bank Supervisors’ (CSBS) request that the OCC rescind its 2011 preemption regulations. …
Drug & Device Law
Keeping the Horse Before the Cart
This is not the first time we have posted about Gallego v. Tandem Diabetes Care, Inc. About six weeks ago we told you all about the excellent preemption decision that…
Healthcare Law Blog
The One Big Beautiful Bill Act’s Proposed Moratorium on State AI Legislation: What Healthcare Organizations Should Know
By Carolyn Metnick, Esperance Becton, Tina Watson
Congress is weighing a sweeping proposal that could significantly reshape how artificial intelligence (AI) is regulated across the United States. At the end of May, the United States House of…
Drug & Device Law
ND Illinois Holds that FDA Guidance Preempts Sugar-Free Yogurt Case
Franco v. Chobani, LLC, 2025 WL 1530996 (N.D. Ill. May 29, 2025) is a relatively rare preemption win in a court controlled by occasionally iffy Seventh Circuit law. It is…
Drug & Device Law
N.D. Illinois Adds a Track to the Preemption/Benzene Album
Admittedly, we sometimes feel like a broken record playing the same song over and over. But doesn’t everyone have that favorite album that they can put on a loop and…
Labor & Employment Law Blog
Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will No Longer Enforce State Requirement
By Bianca Rodriguez, Keahn Morris, John Bolesta, James Hays
On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC,…
BuildSmart
2nd Circuit Holds Arbitration Treaty Trumps State Insurance Law
By Jennifer Morrison Ersin, Jason Tullos
On May 8, the Second Circuit held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards trumps a Louisiana state law barring arbitration of insurance…
Regulatory Oversight
Federal Court Pumps the Brakes on Iowa Vape Directory
By Agustin Rodriguez, Nick Ramos
We previously wrote about this case last January, here and here, when Iowans for Alternatives to Smoking & Tobacco, Inc., Global Source Distribution, LLC, and others filed a complaint and motion…
Drug & Device Law
Preemption Round Up – Failure to Report
By Bexis
Recently, when putting together our “Staple Suit Cropped” blogpost about Kane v. Covidien LP, 2025 U.S. Dist. Lexis 25718 (E.D.N.Y. Feb. 12, 2025), we realized that, while we had a…
Drug & Device Law
Fraudulent Joinder and PMA Preemption Deliver Knock Out in C.D. Cal.
There is a reason the one-two punch – a jab followed by a cross – is one of the most common sequences in boxing. It’s effective. The boxer uses his…