Topic
Preemption
1,722 published works
Consumer Finance Monitor
Director Cordray Invites Secretary DeVos to Resurrect CFPB-ED Cooperation
By Brian Slagle
Consumer Financial Protection Bureau (CFPB) Director Richard Cordray has responded to the letter from the Department of Education (ED) terminating the Memoranda of Understanding (MOUs) between the agencies. ED’s August…
Drug & Device Law
The Third Circuit Fosamax Preemption Error Has Got to Go
Last week we were going through the regulatory record of a drug that is now the subject of mass tort litigation. This effort is central to assembling, per the SCOTUS…
Drug & Device Law
A Non-Drug/Device Preemption Win with a Caveat
Last week appears to have been a bit of a slow week in the drug and device litigation arena. It was after all a short work week. It was back…
Real Estate, Land Use & Environmental Law Blog
Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also Vulnerable
By Whitney Hodges, Sheppard Mullin
In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of…
Sentencing Law and Policy
A late-summer review of some marijuana reform news and notes
Main August 20, 2017A late-summer review of some marijuana reform news and notesIn this post about a month ago, I set out a midsummer review of posts from Marijuana Law,…
Drug & Device Law
Guest Post – Design Defect Implied Preemption Is Not Just for Drugs
By Bexis
Today's guest post is by long-time friend-of-the-blog, Dick Dean, of Tucker Ellis. This post covers the preemption aspects of the recent (after remand from the Third Circuit) aviation decision in…
Workers’ Compensation Law Prof Blog
Workers’ Compensation Opt-Out, Opt-In, Exclusivity, and State Constitutionality
Workers’ compensation commentators have again been discussing the possible (or probable) revival of workers’ compensation opt-out, a development that I predicted in 2016 (more accurately, I have argued there is…
California Land Use & Development Law Report
CEQA Not Preempted by Federal Rail Transportation Law for Projects Carried Out by State Agencies
The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate…
The Appellate Law Blog
Supreme Court of Missouri’s Coventry epilogue.
Supreme Court of Missouri’s Coventry epilogue. Nevils v. Group Health Plan, Inc., SC93134 (Mo. July 11, 2017), marks the end of a three-year, four-part series of appellate decisions between the…
Drug & Device Law
Michigan Court Excludes Expert Testimony from Treater and Grants Summary Judgment
This post is from the non-Reed Smith side of the blog. Usually when we are talking about Michigan, it’s to praise the Michigan Products Liability Act which cuts off civil…