Topic
Preemption
1,720 published works
PrawfsBlawg
Preemption Procedure: A Comment on the Shugerman-Kovarsky Debate in People v. Trump
Main Sunday, April 09, 2023Preemption Procedure: A Comment on the Shugerman-Kovarsky Debate in People v. Trump Is People v. Donald J. Trump, No. 71543-23 (N.Y. Co. Sup. Ct.) preempted? This…
Financial Services Perspectives
The Battle Over Mortgage Escrow Accounts: A New Stage in the Preemption Fight for National Banks?
The Supreme Court has asked the solicitor general to weigh in on an issue that could affect lenders and borrowers alike: whether the National Bank Act (NBA) trumps state laws…
Drug & Device Law
W.D. Louisiana Dismisses Insulin Pump Case on Preemption and Twiqbal Grounds
When last we spoke, we were about to deliver our beautiful standard poodle puppy, Luca (registered name Tivin Dreamcatcher), to his show handler, who would trim him and train him…
Drug & Device Law
California Court Affirms Preemption Of Prop 65 Claims For OTC Drugs
We reported nearly two years ago on a California trial court that dismissed claims against generic over-the-counter drug manufacturers under California’s notorious Proposition 65, on the basis that federal law…
A Lawyer's Blog
ARE LOCAL "GOOD CAUSE EVICTION LAWS" VALID?
"ORDERED, that the GCEL enacted by the City of Poughkeepsie Common Council is deemed unconstitutional, thereby rendering it VOID and UNENFORCEABLE under New York State's "Preemption Doctrine"; and it is…
Drug & Device Law
Stretching Specific Personal Jurisdiction And Shrinking Preemption At The Pleadings Stage
When we started seeing a smattering of cases over long-term contraceptive devices used in connection with tubal ligation surgery, we were not surprised. Plaintiff lawyers have targeted a wide range…
Wage & Hour Litigation Blog
Ninth Circuit Rehearing Suggests a FAArewell to California’s Arbitration Prohibition
By: Sage Fishelman and Josh Rodine Seyfarth Synopsis: A divided Ninth Circuit Court of Appeals panel has ruled that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which purports to…
California Employment Law Update
Court Obliterates California’s Anti-Arbitration Law
By Philippe A. Lebel, Morgan Peterson
Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by…
Drug & Device Law
Logical Contradiction Doctrine: Buckman for Textualists
By Bexis
Today's post is a little different in its format from what our readers are used to. What follows is a lightly edited (primarily adding full citations) version of a webinar…
Regulatory Oversight
California AG Agrees with CFPB’s Preliminary Preemption Determination, Urges Bureau to Further Narrow TILA Preemption
By Troutman Pepper Locke State Attorneys General Team, Troutman Pepper Locke Consumer Financial Services Team
As discussed here, on December 7, 2022, the Consumer Financial Protection Bureau (CFPB or Bureau) made a preliminary conclusion that a New York commercial financing law was not preempted by…