Skip to main content

Topic

Preemption

1,720 published works

  1. The Employer Handbook Blog

    Fired a Medical Marijuana User After a Drug Test? A Pennsylvania Court Says Not So Fast.

    By Eric B. Meyer

    Firing a medical marijuana user after a positive drug test may seem straightforward — until a federal court explains why it isn’t. TL;DR: A Pennsylvania federal court denied summary judgment…

  2. Consumer Financial Services Law Monitor

    Industry Groups Challenge Oregon’s DIDMCA Opt-Out in Federal Court

    By Jason Cover, Caleb Rosenberg, Taylor Gess

    On June 15, three major financial services trade associations filed suit in federal court to block Oregon’s HB 4116 from applying its 36% interest rate cap to consumer finance loans…

  3. Transportation & Aviation Law Blog

    Supreme Court Rejects FAAAA Preemption Defense in Montgomery v. Caribe Transport II, LLC

    By Tressler LLP

    In a unanimous decision, the United States Supreme Court held that the Federal Aviation Administration Authorization Act (“FAAAA”), Pub. L. No. 103-305, 108 Stat. 1569 (1994), codified in relevant part…

  4. Consumer Finance Monitor

    Prominent Consumer Credit Scholars and Center for Individual Freedom File Amicus Brief Supporting Plaintiffs in Colorado Opt-out Appeal

    By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske

    On June 2, 2026, Professors Todd Zywicki and Thomas Miller, Jr., together with the Center for Individual Freedom, filed an amicus brief in support of the plaintiff trade associations in…

  5. Consumer Finance Monitor

    U.S. Chamber of Commerce Amicus Brief Urges Tenth Circuit to Reject Presumption Against Preemption in Colorado DIDMCA Case

    By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske

    The en banc Tenth Circuit continues to receive substantial support for affirming the district court’s decision in National Association of Industrial Bankers v. Weiser, the closely watched case addressing the…

  6. Consumer Financial Services Law Monitor

    FDIC Backs Industry in Colorado DIDMCA Opt-Out Fight, Urges Bank-Focused Reading of “Loans Made in Such State”

    By Taylor Gess, Caleb Rosenberg

    On June 4, the Federal Deposit Insurance Corporation (FDIC) filed an amicus brief in the Tenth Circuit’s en banc rehearing of National Association of Industrial Bankers v. Weiser, supporting industry…

  7. Consumer Financial Services Law Monitor

    OCC Finalizes Escrow Rules to Further Strengthen Federal Preemption

    By Stefanie Jackman, Caleb Rosenberg, Lori Sommerfield, Chris Willis, Taylor Gess, Lane Page

    On May 15, the Office of the Comptroller of the Currency (OCC) finalized two closely linked rules on mortgage escrow accounts that respond directly to the issues we discussed in…

  8. Consumer Financial Services Law Monitor

    Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – May 12, 2026

    By Ethan G. Ostroff

    To keep you informed of recent activities, below are several of the most significant federal events that have influenced the Consumer Financial Services industry over the past week. Federal Activities…

  9. Consumer Finance Monitor

    Seventh Circuit Hits Reset Button in Illinois Interchange Fee Litigation After OCC “Doubles Down” on Federal Preemption under the National Bank Act

    By Alan S. Kaplinsky, Adam Maarec, Ronald K. Vaske, John L. Culhane, Jr., Richard J. Andreano, Jr.

    The U.S. Court of Appeals for the Seventh Circuit issued a highly significant order on May 8, 2026 in the closely watched litigation challenging the Illinois Interchange Fee Prohibition Act…

  10. Consumer Finance Monitor

    Second Circuit Reaffirms Preemption of New York’s Mortgage Escrow Interest Law, Setting Stage for Potential Supreme Court Rematch with First Circuit

    By Alan S. Kaplinsky

    In a decision issued May 5, 2026, a Second Circuit Court of Appeals panel in Cantero v. Bank of America, N.A., August Term 2024, Nos. 21-400, 22-403, once again held…