Topic
Preemption
1,709 published works
Drug & Device Law
Claims Can Still Be Preempted If The Drug Is Later Withdrawn
Long ago, it seemed that large-scale drug or device litigation was usually spurred on by a recall, market withdrawal, or major labeling change describing a new risk or limiting the…
MGKF Litigation Blog
Supreme Court Holds FIFRA Preempts State-Law Failure-to-Warn Claims Challenging EPA-Approved Labels
By MGKF
Supreme Court Holds FIFRA Preempts State-Law Failure-to-Warn Claims Challenging EPA-Approved Labels On June 25, 2026, the United States Supreme Court issued a significant preemption decision in Monsanto Co. v. Durnell,…
Drug & Device Law
Seventh Circuit Reverses Dismissal of Zero Sugar Yogurt Consumer Deception Lawsuit after FDA Reverses its Position on What Constitutes Sugar
Franco v. Chobani, LLC, 2026 WL 2150193 (7th Cir. July 27, 2026), is a food case, not a drug or device case, but it is vital reading for anyone who…
Faruki Blog
Rounding Out Roundup Litigation: The Supreme Court Preempts State-Law Failure-to-Warn Claims When a Pesticide Possesses an EPA Approved Warning Label (Authored by Faruki Law Clerk Drew Schoen)
On June 25, 2026, the Supreme Court, in Monsanto Co. v. Durnell, ruled on the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") preempts state-law failure-to-warn claims…
Consumer Finance Monitor
Fifteen States File Amicus Brief Supporting Challenge to Oregon’s DIDMCA Opt-out Law
By Alan S. Kaplinsky, Burt M. Rublin
Yesterday, the State of Utah, joined by the attorneys general of Alabama, Arkansas, Florida, Georgia, Iowa, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia, filed…
Consumer Finance Monitor
OCC Weighs In on Oregon DIDMCA Opt-Out Litigation with Amicus Brief Supporting a Narrow Reading of Section 525
By Alan S. Kaplinsky, Burt M. Rublin
The Office of the Comptroller of the Currency (“OCC”) filed an amicus curiae brief on July 28, 2026, in National Association of Industrial Bankers, et al. v. Sean O’Day, pending…
Roberts Disability Law Blog
ERISA Reaches Overseas: Court Holds ERISA Preempts State-Law Benefit Claims by Foreign Workers Injured Abroad
Ajeti v. Life Insurance Company of North America, No. 26-3249, 2026 WL 2150163 (E.D. Pa. July 27, 2026), addresses whether ERISA governs, and preempts, state-law claims brought by foreign nationals…
Jotwell
Preemption in a Deregulatory Era
By Zack Buck
In Do Nothing Preemption, Professor Lauren Roth takes on the legal thicket of preemption—the all-too-familiar hornet’s nest within the federalism-dominated landscape of health law. Roth’s project is particularly timely. Considering…
International Trade Insights
Federal Courts Issue Critical Rulings on Cargo Theft Claims Following Supreme Court Montgomery Decision
By Julie Maurer, Aaron Schepler, Alejandra Curiel-Molina
After the May 2026 Supreme Court ruling in Montgomery v. Caribe Transport II, LLC, one critical question remained unanswered: whether the safety exception extends to cargo theft and property loss…
Consumer Finance Monitor
Former FDIC Board Members Gruenberg and Cordray File Amicus Brief Supporting Colorado in Tenth Circuit DIDMCA Opt-Out Litigation
By Alan S. Kaplinsky, Burt M. Rublin
On July 15, 2026, former Federal Deposit Insurance Corporation (FDIC) Chairman Martin J. Gruenberg and former Consumer Financial Protection Bureau Director and FDIC Board Member Richard Cordray filed an amicus…