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Topic

Preemption

1,709 published works

  1. Drug & Device Law

    Express Preemption For a De Novo Device With Special Controls Should Have Been The End

    By Eric Alexander

    A mere two weeks ago, we praised a California federal court for dismissing preempted claims against a prescription drug manufacturer and not giving the plaintiff a third chance to plead…

  2. SALT Shaker

    California state tax procedures occupy the field: City’s administrative tax procedures preempted by the state’s Government Claims Act

    By Jonathan Feldman, Emma Shokeir

    In Tesoro Refining & Mktg. Co. LLC v. City of Carson, the California Supreme Court held that the Government Claims Act (GCA) preempts local governments from requiring taxpayers to comply…

  3. Administrative and Regulatory

    Federal Court Invalidates New York Climate Change Superfund Act

    By K&L Gates

    On 31 August 2026, the US District Court for the Northern District of New York (the Court) invalidated New York’s Climate Change Superfund Act (the Act), blocking the State’s planned…

  4. Schneiders & Associates Blog

    California’s “Captive Audience” Meeting Ban: What Employers Should Do While It’s on Hold

    By Ted Schneider

    SB 399 cannot be enforced right now, but a separate federal rule still limits mandatory meetings about unionization. The safest policy keeps attendance voluntary either way. California’s captive audience meeting…

  5. Marler Blog

    Toxics Off the Table: EWG Rallies Against the FRESH Act on Tuesday, and I Am With Them

    By Bill Marler

    The Environmental Working Group is holding a rally in Washington, D.C., on Tuesday, September 15, at 2 p.m., at the Ulysses S. Grant Memorial. It is called Toxics Off the Table!,…

  6. Consumer Finance Monitor

    CSBS Supports DIDMCA Legislation as House Committee Prepares to Mark Up Bill

    By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske

    Executive Summary The Conference of State Bank Supervisors (CSBS), the nationwide organization representing state banking and financial regulators, has endorsed legislation that would clarify a critical issue concerning the scope…

  7. Liskow & Lewis, APLC

    District Court Finds New York’s Climate Change Superfund Act Preempted by “Federal Interests”

    By Liskow & Lewis

    On August 31, 2026, a district judge of the United States District Court for the Northern District of New York held that the State’s Climate Change Superfund Act (or the…

  8. Your ERISA Watch

    Your ERISA Watch – Week of September 9, 2026

    By Peter Sessions

    We here at Your ERISA Watch hope all our readers had a relaxing Labor Day weekend, and that you were all able to take a moment to reflect on the…

  9. Drug & Device Law

    Two Strikes Was Enough In California Federal Court

    By Eric Alexander

    Over the life of the Blog, there have been many posts taking issue with the pro-plaintiff leanings of California courts, which have resulted in many questionable decisions on issues ranging…

  10. Environmental and Energy Brief

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

    By Samuel B. Boxerman, Jack Raffetto, Lauren E. DeCarlo

    On August 31, 2026, the U.S. District Court for the Northern District of New York struck down New York’s Climate Change Superfund Act (the Act). As we reported when the…