Skip to main content

Topic

Preemption

1,709 published works

  1. Drug & Device Law

    Claims Can Still Be Preempted If The Drug Is Later Withdrawn

    By Eric Alexander

    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…

  2. 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,…

  3. Drug & Device Law

    Seventh Circuit Reverses Dismissal of Zero Sugar Yogurt Consumer Deception Lawsuit after FDA Reverses its Position on What Constitutes Sugar

    By Stephen McConnell

    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…

  4. 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)

    By adminficlaw-com-faruki

    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…

  5. 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…

  6. 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…

  7. Roberts Disability Law Blog

    ERISA Reaches Overseas: Court Holds ERISA Preempts State-Law Benefit Claims by Foreign Workers Injured Abroad

    By Michelle Roberts

    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…

  8. 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…

  9. 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…

  10. 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…