Topic
Preemption
1,709 published works
Marler Blog
Harvard Read the FRESH Act Line by Line. Its Preemption Clause Reaches Salmonella, Restaurant Inspections, and the Right to Sue.
By Bill Marler
The Harvard Law School Food Law and Policy Clinic released a report on August 25, 2026 taking the first comprehensive look at the preemption clause inside the draft FRESH Act. Margaret Lynn and…
Turtle Talk
Ninth Circuit holds that Kalshi unlikely to succeed on claim that Commodities Exchange Act displaces state and tribal gaming laws
From the opinion: We are “reluctant to read into ambiguous statutory text” a “radical or fundamental change” to that longstanding statutory scheme. Congress did not take a wrecking ball to…
Drug & Device Law
More LifeVest PMA Preemption
By Eric Hudson
We were saddened this week to hear about the passing of Dolly Parton. A prolific and wonderful songwriter, she was also a relentless force for good. A shining example of…
Roberts Disability Law Blog
Seventh Circuit Holds ERISA Does Not Preempt Arkansas Rule 128’s Pharmacy Dispensing Fee Requirement or Its Incidental Reporting Requirement
Central States, Southeast and Southwest Areas Health and Welfare Fund v. McClain, No. 25-2727, — F.4th —-, 2026 WL 2510865 (7th Cir. Aug. 26, 2026) (Before: Hamilton, Kirsch, and Kolar,…
In Custodia Legis
What If All You Lose is Allulose? Federal Courts Analyze Sugar Science to Interpret the Definition of “Sugar Free”
By Anna Price
Here at In Custodia Legis, we love writing about legal stories involving food. When I read about a recent federal appellate court opinion addressing the term “sugar free,” I knew we…
Drug & Device Law
Plaintiffs Go 0-2 with High-Profile Loper Bright Arguments
By Bexis
Shortly after the Supreme Court decided Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), we predicted that that the other side would attempt to use that decision “for nefarious…
Tobacco Law Blog
Appellate Vape Rulings May Expand State Regulation Powers
By Agustin Rodriguez, Jeff Johnson, Michael Jordan
This article was originally published on Law360 and is republished here with permission as it originally appeared on August 21, 2026. On July 30, two federal appeals courts permitted the…
Regulatory Oversight
Appellate Vape Rulings May Expand State Regulation Powers
By Agustin Rodriguez, Jeff Johnson, Michael Jordan
This article was originally published on Law360 and is republished here with permission as it originally appeared on August 21, 2026. On July 30, two federal appeals courts permitted the…
Roberts Disability Law Blog
When Does ERISA Preempt State Law Claims for a Voluntary Accident Policy? An Oklahoma Court Weighs In
In Cregan v. Unum Life Insurance Company of America, No. 24-CV-340-DES, 2026 WL 2427920 (E.D. Okla. Aug. 19, 2026), United States Magistrate Judge D. Edward Snow addressed whether a voluntary…
Labor Relations Update
HALTED: Federal Court Declares NJ’s Labor Peace Agreement Requirement Preempted by the NLRA
By Paul Salvatore, Joshua Fox, Yonatan Grossman-Boder, Andrew Landesman
On August 10, 2026, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey declared that the National Labor Relations Act (“NLRA”) preempts the labor…