Topic
Preemption
1,720 published works
Consumer Finance Monitor
SCOTUS oral argument in Cantero v. Bank of America provides no clear indication of likely outcome; Ballard Spahr to host April 3 special webinar roundtable on Cantero oral argument
On February 27, 2024, the U.S. Supreme Court heard oral argument in Cantero v. Bank of America, N.A., a case involving the effect of the Dodd-Frank Act on the scope…
Consumer Finance Monitor
Ballard Spahr to host special webinar roundtable on April 3 on Cantero v. Bank of America, N.A.
On February 27, 2024, the U.S. Supreme Court heard oral argument in Cantero v. Bank of America, N.A., a case involving the effect of the Dodd-Frank Act on scope of…
Drug & Device Law
Sell or Don’t Sell: Liability May Await Either Way
For many years, even before the Supreme Court picked up the ball, we have been arguing that “stop selling” theories of liability for alleged injuries from prescription drugs should not…
Drug & Device Law
Preemption as a Backup for the Learned Intermediary Rule
By Bexis
This post is only from the non-Butler Snow part of the Blog. As our 50-state survey of the learned intermediary rule demonstrates, the rule now applies in all fifty states. …
Regulatory Oversight
US Supreme Court Declines to Hear Challenge to California’s Flavor Ban
By Michael Jordan, Agustin Rodriguez, Bryan Haynes
Over the past decade, at least five states and hundreds of localities have passed, or attempted to pass, laws banning flavored tobacco products. To date, litigants have brought many challenges…
Consumer Finance Monitor
Bank of America files merits brief with SCOTUS in National Bank Act preemption case; DOJ seeks leave to participate in oral argument
By John L. Culhane, Jr., Ronald K. Vaske, Reid F. Herlihy, Alan S. Kaplinsky
Bank of America, N.A. has filed its merits brief in Cantero v. Bank of America, N.A., the case currently before the U.S. Supreme Court dealing with the scope of national…
Drug & Device Law
SDNY Holds that Cough Drop Consumer Fraud Case is Expressly Preempted
We’ve pointed out several times recently (and will be pointing out in an ACI presentation today) that cases against over the counter (OTC) drugs are on the uptick. Why? Here’s…
Consumer Finance Monitor
SCOTUS to hear oral argument on Feb. 27 in National Bank Act preemption case
By Reid F. Herlihy, Ronald K. Vaske, John L. Culhane, Jr., Alan S. Kaplinsky
On February 27, 2024, the U.S. Supreme Court will hear oral argument in Cantero v. Bank of America, N.A., a case involving the scope of preemption under the National Bank…
Consumer Finance Monitor
Justice Department departs from OCC view of preemption in amicus brief filed with SCOTUS; Democratic Senators criticize OCC approach to preemption
By John L. Culhane, Jr., Ronald K. Vaske, Reid F. Herlihy, Alan S. Kaplinsky
The scope of national bank preemption is currently before the U.S. Supreme Court in Cantero v. Bank of America, N.A. A New York statute requires the payment of interest on…
Consumer Finance Monitor
California Court Denies DFPI’s Motion for Preliminary Injunction Against OppFi
By Mindy Harris, John L. Culhane, Jr., Ronald K. Vaske, Alan S. Kaplinsky, Ballard CFS Group
On November 30, 2023 at 12:30 PM, ET, Ballard Spahr will hold a webinar entitled “Recent Important Developments in Federal Preemption for National and State Banks: What They Mean for…