Topic
Preemption
1,720 published works
Drug & Device Law
More on Monsanto Co. v. Durnell (Or, Don’t Let Good Supreme Court Precedent Go to Waste)
By Lisa Baird
We’ve re-read Monsanto Co. v. Durnell, No. 24-1068, 609 U.S. ___, 2026 LX 336645, 2026 WL 1825691 (June 25, 2026) (“Durnell”), a few times over the past few weeks. As…
Drug & Device Law
The More Things Change, The More Lohr Stays the Same — But It Shouldn’t
There's an old joke about a guy who keeps banging his head against the wall. When asked why, he says: Because it feels so good when I stop. That's roughly…
Consumer Financial Services Law Monitor
FTC Proposes Policy Statement on AI Accuracy and Ideological Manipulation of AI Outputs
By Chris Capurso, Brooke Conkle, Ethan G. Ostroff
On July 1, the Federal Trade Commission (FTC) published a proposed policy statement addressing whether AI companies that steer their systems' outputs toward undisclosed ideological objectives, rather than toward the…
Drug & Device Law
Preemption Is a Defense, Not a Basis for Jurisdiction
By Bexis
If preemption were an independent basis for federal subject matter jurisdiction, almost all of our drug, device, and vaccine product liability litigation would be in federal court. We’ve long been…
Drug & Device Law
Half-Squeezed: S.D.N.Y Splits the Difference on Heavy Metal Toothpaste Claims
June 25, 2026 was a very good day for preemption. While one hand of the judiciary was busy with the Supreme Court handing down its 7-2 ruling in Monsanto Co.…
In: Environmental Law
Supreme Court Rules FIFRA Preempts Failure to Warn
On June 25, 2026, the Supreme Court issued its highly anticipated in ruling in the landmark case, Monsanto Co. v. Durnell, No. 21-1068 (2026), a lawsuit that asked whether federal…
Zalma on Insurance
FAA Authorization Act Does Not Preempt all State Tort Laws
By Barry Zalma
Safety Exception Saves Tort Claim From FAAAA’s Express Preemption Post number 5382 Negligent Hiring Tort not Preempted by Federal Statute In Shawn Montgomery v. Caribe Transport II, LLC, et al.,…
Texas Agriculture Law Blog
June Monthly Round Up
Happy Monday! We hope everyone is having a great summer. While many folks are taking time off and vacation, that has not been the case for agricultural law news around…
Texas Agriculture Law Blog
US Supreme Court: Failure-to-Warn Claims Preempted by FIFRA
The United States Supreme Court issued its decision in Monsanto v. Durnell, holding state law failure-to-warn claims were preempted by federal law. [Read Opinion here.] Justice Kavanaugh wrote the majority opinion. Justice…
Drug & Device Law
Supreme Court Roundup Decision: “Different From” and “In Addition To” Mean What They Say
By Bexis
Ever since we reviewed the Environmental Protection Administration’s (“EPA”) 2019 decision reaffirming its prior conclusion that glyphosate does not cause cancer and, therefore, the “Roundup” herbicide did not warrant any…