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Preemption

1,709 published works

  1. Drug & Device Law

    A TwIqbal Decision Even John Denver Could Get Behind

    By Michelle Yeary

    Last week this blogger was in Morgantown for a sophomore daughter and a Mountaineers game. This week it was Harrisonburg, Virginia, for the last parent weekend with our senior son…

  2. JURIST

    US Supreme Court hears oral arguments in landmark Boulder climate change case

    By Publisher, US

    The US Supreme Court on Monday heard oral arguments in Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County, a case brought by the Colorado county against Exxon Mobil and…

  3. Climate Law Blog

    Supreme Court to Tackle Preemption Issues in Corporate Climate Accountability Litigation

    By Margaret Barry

    “Supreme Court” by Mark Fischer, CC BY-SA 2.0 On Monday, October 5, the Supreme Court will open its 2026–2027 term by hearing a climate change case, Suncor Energy (U.S.A.) Inc.…

  4. Napoli Shkolnik Blog

    The Civil Justice System Picks Up Where Environmental Regulation Stops

    By Napoli Shkolnik

    By Hunter J. Shkolnik I spoke on the “Regulatory and Political Landscape” panel at HarrisMartin’s Environmental conference this September, covering EPA priorities, PFAS designation, and the federal preemption fights that…

  5. Environmental and Energy Brief

    Second Federal Court Strikes Down New York’s Climate Change Superfund Act

    By Samuel B. Boxerman, Jack Raffetto

    On September 23, 2026, a second federal district court struck down New York’s Climate Change Superfund Act (the Act), this time in a lawsuit brought by the United States and…

  6. Drug & Device Law

    Country Roads and Curious Pleading Standards

    By Michelle Yeary

    This blogger spent the weekend in Morgantown, and West Virginia did everything right except the football score. The leaves were doing their early turn, that first crisp snap was in…

  7. Consumer Finance Monitor

    FDIC Proposes Rule to Establish Parity Between State and National Banks in Applying Host-State Laws

    By Alan S. Kaplinsky, Burt M. Rublin

    The FDIC has proposed a rule interpreting Section 24(j) of the Federal Deposit Insurance Act, enacted as part of The Riegle-Neal Interstate Branching and Banking Efficiency Act of 1994, to…

  8. Drug & Device Law

    N.D. Cal. Dismisses Device Claim for Lack of Defect

    By Stephen McConnell

    Perez v. Apyx Medical Corp., 2026 WL 2691359 (N.D. Cal. Sept. 14, 2026), is a product liability suit alleging misrepresentations about off-label use of a company’s cosmetic surgery §510(k) device.…

  9. Drug & Device Law

    California’s Recent Gilead Decision Explains Why “Pre-Approval” Tort Claims Don’t, and Shouldn’t, Exist

    By Bexis

    Nearly a decade ago we published the blogpost “Pre-Approval Design Defects – No Such Thing.”  As we discussed, “pre-approval” design (later joined by warning) claims were a transparent preemption dodge. …

  10. Drug & Device Law

    Express OTC Preemption Or Your Money Back!!

    By Steven Boranian

    No, your DDL bloggers are not offering a money-back guarantee—although we suppose offering one would not cost us anything, since reading the blog is free.  For enterprises that actually sell…