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Medical device preemption provides powerful protection from litigation involving Class III devices with premarket approval (or 'PMA'). These devices are a very small subset of FDA-regulated medical devices - around [...]

Cantero v. Bank of Am., N. A., 144 S. Ct. 1290 (May 30, 2024) In Cantero v. Bank of America, the U.S. Supreme Court held that state laws are preempted [...]

Fifty years ago, Congress enacted the Employee Retirement Income Security Act ('ERISA') to create national standards for administering employee benefits plans, covering reporting, disclosures, fiduciary responsibilities, and remedies for noncompliance. [...]

Highlights: With SECURE 2.0 updates, plan sponsors must stay vigilant to ensure compliance and optimize benefits, including Roth treatment for contributions and self-certification for hardship distributions. State regulations on pharmacy [...]

The recent decision of the U.S. Court of Appeals for the Third Circuit in Schaffner v. Monsanto Corp., No. 22-3075, 2024 WL 3820973 (3d Cir. Aug. 16, 2024), creates a [...]

As regular blog readers know, we love a clean grant of a motion to dismiss on preemption grounds. They are relatively common, so it sometimes puzzles us that the plaintiffs' [...]

On June 27, 2024, the U.S. Supreme Court dismissed Idaho v. United States on procedural grounds and sent the case back to the Ninth Circuit. By doing so, the Supreme [...]

As part of the wider multidistrict litigation over the breast cancer drug docetaxel (branded Taxotere), on May 24, 2024, the Fifth Circuit ruled that Food and Drug Administration (FDA) labeling [...]

The FAA preempts California's Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, [...]

The issue before the Supreme Court in Cantero v. Bank of America was straightforward: does the National Bank Act preempt a New York state law requiring all banks, including national [...]

In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency [...]

Houston, Texas (February 5, 2024) - In Pelfrey v. J.B. Hunt Transp., Inc., 2023 Fla. Cir. LEXIS 1580 (Order of May 19, 2023, Cause No. 04-2021-CA-00116), the Circuit Court for [...]

The power of the preemption defense is illustrated by the Second Circuit's recent opinion in Buono v. Tyco Fire Products, 78 F.4th 490 (2d Cir. 2023). Preemption is most effective [...]

In Garcia v. Steele, a decision published June 27, 2023, the Supreme Judicial Court of Massachusetts affirmed a trial court decision holding that the federal Graves Amendment shields automotive dealerships [...]

As most privacy watchers know, one of the hot-button issues in the ongoing debate over federal legislation is whether the law should include a private right of action (PRA). As [...]

FAIRFAX, VA -- The following information was released by the National Rifle Association: Last year, a coalition of retired federal law enforcement officers and the Federal Law Enforcement Officers Association [...]

As litigation involving the Public Readiness and Emergency Preparedness Act (PREP Act) and the Department of Health and Human Services (HHS) COVID-19 Declaration grows, some courts are following the logic [...]