Topic
Preemption
1,722 published works
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…
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…
Constitutional Law Prof Blog
Ninth Circuit Upholds Santa Monica’s Regulation on Home Rental Sites
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…
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…
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…
Drug & Device Law
Brand & Generic Defendants Win in Amiodarone Litigation
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…
Drug & Device Law
Parts is Parts: BAAA Preemption Strikes Again
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…
Labor & Employment Insights
Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review
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,…
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…
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…