Topic
Preemption
1,709 published works
Drug & Device Law
California Court Powers Up Preemption In Protein Case
The plaintiff in Kha v. Tilray Brands, Inc. tried to use California’s Sherman Law to do an end run around the Food, Drug, and Cosmetic Act in a case involving…
Roberts Disability Law Blog
Sixth Circuit Holds ERISA Expressly Preempts Out-of-Network Providers’ Negligent-Misrepresentation and Promissory-Estoppel Claims Based on a Plan Administrator’s Oral Reimbursement Assurances
In Laurel Hill Mgmt. Servs., Inc. v. La-Z-Boy Inc., No. 25-1727, — F.4th —-, 2026 WL 2427143 (6th Cir. Aug. 19, 2026), several out-of-network medical providers treated a patient covered…
Drug & Device Law
Buckman Limits Claims In A Commercial Case
The Supreme Court decided Buckman in the context of a fairly large product liability litigation about implanted medical devices. In the years that followed, the plaintiffs in drug and device…
GT L&E Blog
FAA Proposes Rule to Preempt State Meal and Rest Break Laws for In-Flight Crews
By Andrew Barr, Jacob D. Bundick, James LeBrun, Kerry Kleiman
FAA proposes a rule asserting federal preemption of state meal and rest break requirements for in-flight crew members.
Rocky Mountain Real Estate Law
Possible DOJ Intervention in Challenge to Energize Denver
On April 22, 2024, several trade associations representing Denver landlords (the “Plaintiffs”) sued the State of Colorado, the City and County of Denver, and other related entities (collectively, the “Defendants”)…
Drug & Device Law
Home Field Advantage: How Connecticut Made it Easier to Plead a Filshie Clip Case
Every sport has that one venue where the home team gets every close call. Fenway in the late 2010s. Lambeau Field in a January snowstorm. Or, if you are a…
Drug & Device Law
Recent FDA Development Warrants Revisiting Tampon Preemption
By Bexis
On July 6, 2026 the FDA announced the results of a study it recently completed on tampons (which are medical devices) and their “Biocompatibility and Toxicology.” The Agency’s conclusion was:…
MGKF Litigation Blog
Eleventh Circuit Allows Federal Officer Removal for EPA-Directed Cleanup
By MGKF
Eleventh Circuit Allows Federal Officer Removal for EPA-Directed Cleanup Earlier this month, the U.S. Court of Appeals for the Eleventh Circuit held in City of Brunswick v. Honeywell International, Inc.,…
Roberts Disability Law Blog
Ninth Circuit Holds ERISA Does Not Preempt Out-of-Network Provider’s Negligent Misrepresentation Claim Arising from Aetna’s Verification-Call Statements, But Affirms Preemption of Promissory Estoppel Claim
In Healthcare Ally Management of California, LLC v. WSP USA, Inc., No. 24-3479, — F.4th —-, 2026 WL 2319896 (9th Cir. Aug. 11, 2026), an out-of-network surgery center, La Peer,…
Drug & Device Law
DiToto Is a Total Mess
By Bexis
Our initial inclination was not to blog about DiToto v. Nevro Corp., 2026 WL 1425041 (D. Md. May 21, 2026), given that it was an adverse, poorly reasoned trial court…