Topic
Preemption
1,709 published works
Drug & Device Law
A TwIqbal Decision Even John Denver Could Get Behind
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…
JURIST
US Supreme Court hears oral arguments in landmark Boulder climate change case
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…
Climate Law Blog
Supreme Court to Tackle Preemption Issues in Corporate Climate Accountability Litigation
“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.…
Napoli Shkolnik Blog
The Civil Justice System Picks Up Where Environmental Regulation Stops
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…
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…
Drug & Device Law
Country Roads and Curious Pleading Standards
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…
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…
Drug & Device Law
N.D. Cal. Dismisses Device Claim for Lack of Defect
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.…
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. …
Drug & Device Law
Express OTC Preemption Or Your Money Back!!
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…