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Preemption

1,720 published works

  1. 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…

  2. Drug & Device Law

    The More Things Change, The More Lohr Stays the Same — But It Shouldn’t

    By Michelle Yeary

    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…

  3. 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…

  4. 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…

  5. Drug & Device Law

    Half-Squeezed: S.D.N.Y Splits the Difference on Heavy Metal Toothpaste Claims

    By Michelle Yeary

    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.…

  6. In: Environmental Law

    Supreme Court Rules FIFRA Preempts Failure to Warn

    By Brigit Rollins

    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…

  7. 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.,…

  8. Texas Agriculture Law Blog

    June Monthly Round Up

    By Tiffany.dowell

    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…

  9. Texas Agriculture Law Blog

    US Supreme Court: Failure-to-Warn Claims Preempted by FIFRA

    By Tiffany.dowell

    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…

  10. 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…