Skip to main content

Topic

Preemption

1,722 published works

  1. Energy & Environmental Law Adviser

    Second Circuit Derails Municipal Ordinance Targeted at Railway Operations

    By J. Michael Showalter, Katherine S. Walton

    Municipalities and other local governments do not have free rein when it comes to regulating the environment, and the Second Circuit’s recent decision in Vermont Railway, Inc. v. Town of…

  2. Mass Tort Litigation Blog

    Bayer’s Essure Suits Back to State Court Because Preemption Does Not Create Federal Question Jurisdiction

    By Byron Stier

    Recent ruling from the Fourth Circuit described in Bloomberg article -- Bayer Must Face Revived Essure Suit in N.C. State Court.  The article notes that as of January 28, nearly 30,000…

  3. Constitutional Law Prof Blog

    Ninth Circuit Upholds Santa Monica’s Regulation on Home Rental Sites

    By Steven D. Schwinn

    Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit rebuffed federal preemption and First Amendment challenges by Airbnb and HomeAway.com to Santa Monica's regulations on vacation home rentals. The ruling…

  4. Drug & Device Law

    Guest Post – Even a No-Deal Brexit Will Not Erase Prior, Adverse CJEU Precedent

    By Bexis

    Today, Reed Smith is hosting a client roundtable in London, “Identifying and Mitigating Risk in a Changing Global Economy,” for life sciences clients.  In light of that, we thought it…

  5. Inside Privacy

    Republicans, Democrats Offer Different Views on Preemption During Senate Privacy Hearing

    At a February 27, 2019 hearing on “Privacy Principles for a Federal Data Privacy Framework in the United States,” Republican and Democratic members of the Senate Commerce, Science, & Transportation…

  6. Drug & Device Law

    Brand & Generic Defendants Win in Amiodarone Litigation

    By Michelle Yeary

    You’ll find plenty of decisions from the amiodarone litigation discussed on the blog.  Not surprisingly, because it is a generic drug, they almost exclusively focus on Mensing preemption – or…

  7. Drug & Device Law

    Parts is Parts: BAAA Preemption Strikes Again

    By Stephen McConnell

    We’ve written several times (here, for example) about the Biomaterials Access Assurance Act (BAAA), 21 U.S.C. section 1604 et seq., and how it issues a get-out-of-litigation-free card to suppliers of…

  8. Labor & Employment Insights

    Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

    By Keith S. Anderson

    Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015,…

  9. Mass Tort Litigation Blog

    Sarah Swan on Preempting Plaintiff Cities

    By Byron Stier

    Professor Sarah L. Swan (Florida State Law) has posted to SSRN her manuscript, Preempting Plaintiff Cities, Fordham Urb. L. J. (forthcoming).  Here is the abstract:Within the city-state relationship, states hold an…

  10. Paid Sick Leave @ Work

    Appeals Court En Banc to Decide Alabama Preemption Challenge

    By Mike Soltis

    The Eleventh Circuit Court of Appeals last week decided to hear the challenge to Alabama’s minimum wage and employment benefits preemption law en banc, meaning that all of the Court’s…