Topic
Preemption
1,709 published works
Long Island Land Use and Zoning
High Stakes, Local Rules: State Preemption and Cannabis Zoning
On March 31, 2021, the State of New York signed into law the Marijuana Regulation and Taxation Act. In its Preamble, the statute notes, “it is in the best interest…
Financial Services Observer
Dave Challenges Baltimore’s Authority to Enforce Consumer Protection Ordinance Against Cash-Advance Products
By Shirin Afsous, Tonya Esposito, S. Mohsin Reza, Douglas Gansler
A dispute between the city of Baltimore and Dave Inc. (Dave) raises questions about the scope of local consumer-protection authority and its relationship to Maryland’s statewide consumer-lending framework. Dave has…
FBT Gibbons
Two Federal Courts Strike Down New York’s Climate Change Superfund Act on Preemption Grounds; Suncor Looms
In the span of three weeks, two New York federal courts struck down New York’s landmark Climate Change Superfund Act (the “NY Climate Act”). First, on August 31, 2026, in…
Drug & Device Law
The Bonus Track Survives; PMA Preemption Cuts the Rest
Every so often, the song nobody wanted turns out to be the one that lasts. Radiohead almost left “Creep” off their debut album because the band itself was embarrassed by…
Drug & Device Law
Presumption Against Preemption News, Including a Circuit Split
By Bexis
We have been complaining about the purported “presumption against preemption” ever since the Blog started. Our first major research post demonstrated that, back in 2006, such precedents were primarily on…
ACOEL Blogs & Resources
Nearing the End of the Line for State and Local Climate Litigation?
By ACOEL
Late last month, Chief Judge Brenda Sannes, of the Northern District of New York, ruled that New York State’s “climate superfund” law is preempted by federal law. Relying on the…
Thompson Coburn LLP
Seventh Circuit Holds Allulose-Based ‘Sugar Free’ Claim Not Preempted
What happens when the FDA says it won’t enforce a labeling rule, but the rule itself never changes? In Franco v. Chobani, LLC, 184 F.4th 599 (7th Cir. 2026), the…
Consumer Finance Monitor
OCC Moves to Dismiss Multistate Challenge to Mortgage Escrow Preemption Actions
By John L. Culhane, Jr., Alan S. Kaplinsky
The Office of the Comptroller of the Currency (OCC) has responded to the multistate lawsuit challenging its recent actions concerning mortgage escrow accounts with a motion that presents a merits…
Hall Benefits Law Blog
Seventh Circuit Upholds Dismissal of Challenge to Arkansas PBM Rule
By Anne Hall
After hearing arguments in April 2026, a Seventh Circuit panel declined to overturn a lower court ruling dismissing a union fund’s challenge to an Arkansas rule affecting pharmacy benefit managers…
Consumer Finance Monitor
Supreme Court Takes Next Step Toward Resolving National Bank Act Preemption Split, Inviting Solicitor General’s Views in Cantero, Conti and Kivett
By John L. Culhane, Jr., Alan S. Kaplinsky
The Supreme Court yesterday took an important step toward resolving the growing uncertainty over the scope of National Bank Act preemption. In an order issued October 5, the Court invited…