Topic
Preemption
1,709 published works
Drug & Device Law
Express Preemption For a De Novo Device With Special Controls Should Have Been The End
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…
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…
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…
Schneiders & Associates Blog
California’s “Captive Audience” Meeting Ban: What Employers Should Do While It’s on Hold
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…
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!,…
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…
Liskow & Lewis, APLC
District Court Finds New York’s Climate Change Superfund Act Preempted by “Federal Interests”
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…
Your ERISA Watch
Your ERISA Watch – Week of September 9, 2026
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…
Drug & Device Law
Two Strikes Was Enough In California Federal Court
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…
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…