Topic
Preemption
1,720 published works
eDiscovery Today Blog
Degenerative AI & What Happens When AI Trains on AI Data: Artificial Intelligence Trends
By Doug Austin
AI models need so much data that they are beginning to be trained on AI-generated data. An article shows how this could lead to “degenerative AI”. The post Degenerative AI…
Roberts Disability Law Blog
Seventh Circuit Holds State Law Claims Seeking Payment and Penalties for Unpaid Medical Bills from Self-Funded Health Plan Are Preempted by ERISA
In Carnes v. HMO Louisiana, Inc., No. 23-2903, __F.4th__, 2024 WL 3873528 (7th Cir. Aug. 20, 2024), Plaintiff-Appellant Carnes appealed the district court’s dismissal of his lawsuit against Defendant HMO…
Long Island Land Use and Zoning
Foie Gras Faux Pas: City Runs A-fowl of State Farming Protections
In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of…
Drug & Device Law
Another Preemption Win Involving An Economic Loss Class Action And An OTC Drug
By Lisa Baird
As regular blog readers know, we love a clean grant of a motion to dismiss on preemption grounds. They are relatively common, so it sometimes puzzles us that the plaintiffs’…
Consumer Finance Monitor
Acting Comptroller Hsu pressured to repeal preemption regs by Conference of State Bank Supervisors and consortium of consumer groups
By Alan S. Kaplinsky, Joseph J. Schuster, John L. Culhane, Jr.
On July 19, we blogged about comments Acting Comptroller Hsu made before the Exchequer Club on July 17 particularly his decision to review prior OCC preemption determinations in light of…
Triage Health Law
Medicare Part D Preemption: Supreme Court Review Uncertain
By Michele Munk
On July 29, 2024, Pharmaceutical Care Management Association (“PCMA”) filed an opposition to Oklahoma’s petition for writ of certiorari in the United States Supreme Court, seeking review of the Tenth…
Last Month at the Supreme Court
Decision Alert: Supreme Court Does Not Resolve Whether Federal Law Preempts Certain State Abortion Restrictions, Remands for Further Consideration
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema
The Supreme Court dismissed the consolidated cases Moyle v. United States and Idaho v. United States without reaching the merits of whether the federal Emergency Medical Treatment and Labor Act…
Drug & Device Law
In Important First, Claims Implicating Class II Medical Device that Received De Novo Classification Held Expressly Preempted
This post is from the non-Reed Smith side of the Blog. Breaking new ground, a court has for the first time held that the Medical Device Amendments to the Food,…
Drug & Device Law
It’s Hip To Be Preempted, Again
We are celebrating an anniversary today: We wrote our first blogpost on July 26, 2013. Eleven years and hundreds of posts later, we have two observations. First, we seriously need…
Regulatory Oversight
Federal Court Rules Montana AG Preempted From De-Listing Cigarette Manufacturer
By Agustin Rodriguez, Bryan Haynes, Zie Alere
In late June, the U.S. District Court for the District of Montana held that federal law preempts the Montana Attorney General (AG) from removing the cigarette brands of Grand River…