JD Supra

Fifth Circuit Shoots Down First Amendment and Preemption Arguments Against Texas Drone Laws

The Fifth Circuit’s recent decision in National Press Photographers Association v. McCraw threatens to dilute the First Amendment rights of photographers and filmmakers using uncrewed aircraft systems ...
Bay Area Reporter

LGBTQ Agenda: Advocates warn preemption doctrine stifling progress toward equality

LGBTQ advocates are sounding the alarm about how the legal doctrine of preemption is being used to prevent local progress for equality in red states. Some red states are working to undermine local ...

Arguing Class Actions: The Supreme Court’s Monsanto Problem—Preemption as Back-Door Tort Reform

The Supreme Court’s decision last week to grant certiorari in Monsanto Co. v. Durnell isn’t just wrong. It’s something worse: ...
Health Affairs

The Preemption Clause That Swallowed Health Care: How ERISA Litigation Threatens State Health Policy Efforts

The federal Employee Retirement Income Security Act (ERISA) of 1974 governs the administration of employee benefit plans and is noteworthy in that it includes an extremely broad preemption clause. The ...
JD Supra

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the ...