Topic
Preemption
1,720 published works
Consumer Privacy World
Speaker Pelosi Expresses Concerns With Federal Privacy Bill’s Preemption Provision
By Kristin Bryan, Jeff Turner, Kyle Fath
On Thursday, House Speaker Nancy Pelosi expressed concerns with certain features of the American Data Privacy and Protection Act (“ADPPA”) and its broad preemption provision, which as currently drafted would override…
Drug & Device Law
Three-Strike Smackdown of Plaintiff’s Rebuttal Experts in N.D. Ill. Breast Implant Case
The puppies are here! We are delighted to follow up on our last post, wherein we announced that the mother of our standard-poodle-puppy-to-be was in the middle of giving birth. …
CEQA Developments
California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt CEQA’s Application to FERC’s Licensing Process for State-Owned and Operated Hydroelectric Projects
In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. § 791a et seq.) does not “occupy the field”…
Drug & Device Law
Ninth Circuit is Gonna be the Ninth Circuit: Preemption, Fraudulent Joinder, and Lassitude
Nerds such as your friendly neighborhood DDL bloggers read legal decisions with excitement. We hardly seem alone in that regard, at least lately. Over the past several weeks, SCOTUS issued…
Inside Class Actions
A Closer Look: Express Federal Preemption for OTC Medications Subject to Monographs
Manufacturers of over-the-counter (OTC) medications often move to dismiss consumer class actions based on federal preemption. The Federal Food, Drug, and Cosmetic Act (FDCA) contains an express preemption clause that…
Gender and the Law Prof Blog
Supremacy Clause May Preempt State Restrictions on Abortion Pills
By Tracy Thomas
FDA Abortion Pill Policy May Preempt State RestrictionsIn December of 2021, the FDA lifted some of its burdensome restrictions on the abortion pill mifepristone, including the requirement that healthcare providers must meet…
ERISA Litigation Advisor
Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws
By Nadine C. Abrahams, Michael E. Holzapfel
The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2)…
Drug & Device Law
Generic Preemption win in New Jersey
Today’s case is a straight warnings case. So, there should be little surprise that if it involves a generic drug preemption shuts it down. But that does not mean that…
The Right Coast
Letting Businesses Sue Cities Is Florida s New Preemption Idea
Florida s track record of blocking local ordinances ranging broadly from minimum wages to bans on plastic bags makes it a preemption bellwether in the eyes of some public policy…
Drug & Device Law
Federal Court Makes Hash out of Ohio Product Liability Act
This post is from the non-Reed Smith side of the blog. Or maybe we should say the court cooked up a particularly nasty version of Cincinnati Chili. The mesh case…