Topic
Preemption
1,720 published works
The Employer Handbook Blog
Fired a Medical Marijuana User After a Drug Test? A Pennsylvania Court Says Not So Fast.
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…
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…
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…
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…
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…
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…
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…
Consumer Financial Services Law Monitor
Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – May 12, 2026
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…
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…
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
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…