Topic
Preemption
1,720 published works
Tobacco Law Blog
Federal Court Rules Montana AG Preempted from De-Listing Cigarette Manufacturer
By Troutman Pepper Locke Tobacco Practice, 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…
Mass Tort Litigation Blog
GMU Law & Economics Center Panel on Climate Change Lawsuits & Preemption or Displacement of State Law: Analysis of the Sunoco Cert Petition
By Byron Stier
George Mason Scalia Law's Law & Economics Center hosted a panel on Climate Change Lawsuits and Preemption or Displacement of State Law: An Analysis of the Sunoco Cert Petition on…
Drug & Device Law
Bartlett Pairs – “Failure To Recall” As a “Stop-Selling” Variant
By Bexis
We recently discussed how “failure-to-recall” claims essentially don’t exist – outside of a couple of limited fact patterns that plaintiffs asserting such claims in litigation involving FDA-regulated products can almost…
Consumer Financial Services Law Monitor
Ninth Circuit Court of Appeals Restricts Out-of-Network Providers’ Ability to Avoid ERISA Preemption of State Law Claims
By Chad R. Fuller, Virginia Bell Flynn, Jessamyn Vedro, Peter B. Yould
On May 31, the Ninth Circuit Court of Appeals published an opinion in Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company, which has significant implications for the…
Drug & Device Law
What’s Past is Prologue
A little over two years ago, we wrote a post called What’s In a Name? discussing an attempt by two plaintiffs to hold Pfizer liable for fraud and misrepresentation based…
Supreme Court Update
Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. (No. 22-448), National Rifle Association v. Vullo (No. 22-842), Warner Chappell Music, Inc. v. Nealy (No. 22-1078), and Culley v. Marshall (No. 22-585)
By Tadhg Dooley, David R. Roth
It’s the First Monday of June, meaning the Court’s about to step on the gas with respect to decisions. Despite the Court’s somewhat lethargic output to date, we’ve still managed…
Roberts Disability Law Blog
Ninth Circuit Holds State Law Claims Against Cigna Are Preempted by ERISA Where Cigna Denied Reimbursement of Health Claims Due to Provider’s Fee-Forgiving Practice
In Bristol SL Holdings, Inc. v. Cigna Health & Life Ins. Co., No. 23-55019, __F.4th__, 2024 WL 2789835 (9th Cir. May 31, 2024) (Before: Thomas, Bress, and Johnstone, Circuit Judges),…
Consumer Finance Monitor
Supreme Court punts the NBA preemption analysis back to the Second Circuit
By Kristen E. Larson, John L. Culhane, Jr., Alan S. Kaplinsky, Joseph J. Schuster, Ronald K. Vaske, Ballard CFS Group
On May 30, 2024, in a unanimous decision, the Supreme Court reversed Cantero v. Bank of America, N.A., and remanded it back to the Second Circuit and instructed the appellate…
Consumer Financial Services Review
Supreme Court Preemption Ruling Could Create Uncertainty and Burden for National Banks
By Kris D. Kully, Eric T. Mitzenmacher
On May 30, the Supreme Court issued its opinion in Cantero v. Bank of America, N.A., in which the Court was set to decide whether national banks must comply with…
Last Month at the Supreme Court
Supreme Court Weighs Limits of State Abortion Bans
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, Dykema
In the consolidated cases Moyle v. United States and Idaho v. United States, the Supreme Court will determine whether the federal Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s…