Topic
Preemption
1,720 published works
Labor and Employment Law Blog
US SUPREME COURT TO RULE ON NLRA PREEMPTION OF TORT-BASED SUITS
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other…
Inside Privacy
Ninth Circuit Holds COPPA Does Not Preempt Consistent State Law Claims Premised on COPPA Violations
The Ninth Circuit recently held that the Children’s Online Privacy Protection Act, which gives the Federal Trade Commission authority to regulate the online collection of personal information from children under…
Drug & Device Law
Punting Generic Drug Preemption In The Taxotere MDL
We have posted quite a bit about the Taxotere MDL and some Fifth Circuit decisions on appeals from it. The decisions have mostly been pretty good. We have posted even…
Drug & Device Law
A Minor Decision About a Major Change
“Don’t major in minor things.” A wise professor once shared those words and they’ve always stuck. As a general approach to life, it makes a lot of sense. Learning to…
Drug & Device Law
A Painful Preemption Decision
By Bexis
The flimsy decision in In re Acetaminophen − ASD-ADHD Products Liability Litigation, 2022 WL 17348351 (S.D.N.Y. Nov. 14, 2022), leaves us scratching our heads. First, it claims to find “helpful…
Drug & Device Law
Two Out of Three Ain’t Bad
Today we bring you another generally favorable Essure preemption decision. Plaintiff brought three causes of action against the manufacturer and the court dismissed two of them. So, in the immortal…
Drug & Device Law
Fallacious FDA Reporting Claim Finally Falls
Product liability litigation over Class III medical devices is an interesting creature. Absent something unusual, cases and litigations should not get past motions to dismiss. That is pretty clearly what…
Nonprofit Law Prof Blog
Fisher: A Case for Nonprofit-Exempting Federal Action in Consumer Data Privacy Nonprofit-Exempting Federal Action in Consumer Data Privacy
Sarah Fisher (J.D. candidate, William & Mary Law School) has published Preempting the States and Protecting the Charities: A Case for Nonprofit-Exempting Federal Action in Consumer Data Privacy, 64 William…
Consumer Finance Monitor
CFPB makes preliminary determinations that Truth in Lending Act does not preempt New York, California, Utah, and Virginia commercial financing disclosure laws
By John L. Culhane, Jr., John Sadler, Ballard CFS Group
In a notice of “Intent to Make Preemption Determination under the Truth in Lending Act (Regulation Z),” the CFPB announced that it is seeking comments on its preliminary determinations that…
Consumer Financial Services Law Monitor
CFPB Intends to Clear Way for New State Laws Requiring Cost Disclosures in Commercial Transactions
By Alan D. Wingfield, Caleb Rosenberg
On December 7, the Consumer Financial Protection Bureau (CFPB) published a notice of intent to make a preemption determination on whether the Truth in Lending Act (TILA) preempts a New…