Federal Preemption Archives

Mar 1 2016

Can Congress Go Too Far in Preempting State Law ?

All Publications, Commentary, Federal Preemption, Published Articles, US Supreme Court / March 1, 2016

Federal preemption aficionados will find today’s seemingly ho-hum Supreme Court decision in Gobielle v. Liberty Mutual Ins. Co. to be of considerable interest. The Court held that ERISA expressly preempts a Vermont statute requiring disclosure of ERISA-regulated health care plan payment information. According to Justice Thomas’ concurring opinion, ERISA “contains what may be the most […]

Can Congress Go Too Far in Preempting State Law ? Read More »

Jun 11 2014

Supreme Court Still Divided Over How To Interpret Express Preemption Provisions

Commentary, Federal Preemption, US Supreme Court / June 11, 2014

Most of the commentary on the Supreme Court’s June 9, 2014 decision in CTS Corp. v. Waldburger, No. 13-339, has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of years, extinguish environmental and toxic tort claims—even if the plaintiff-friendly state statute of limitations that § 9658 of CERCLA mandates has not

Supreme Court Still Divided Over How To Interpret Express Preemption Provisions Read More »

Jun 19 2009

President Obama’s “Preemption Memo”: Much To Do About Very Little

All Publications, Federal Preemption, Published Articles / June 19, 2009

Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, discusses a Presidential Memorandum that purported to curtail the ability of federal department and agencies to issue regulations that preempt state and local law.

President Obama’s “Preemption Memo”: Much To Do About Very Little Read More »

Jun 5 2009

Four Myths About Federal Preemption of State Tort Claims

All Publications, Federal Preemption, Published Articles / June 5, 2009

Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, debunks four myths about federal preemption of state tort claims that involve federally-regulated products.

Four Myths About Federal Preemption of State Tort Claims Read More »

Mar 10 2008

Ebner Quoted On FDA Drug Preemption

Commentary, Federal Preemption, News, US Supreme Court / March 10, 2008

An article written by Daniel Fisher at Forbes.com quotes Larry Ebner about the significance of Food and Drug Administration approval of label warnings that are alleged to be inadequate in failure-to-warn suits. “The Supreme Court seems to make it more confusing every time it issues one of these decisions,” Ebner said.

Ebner Quoted On FDA Drug Preemption Read More »

Jun 1 2005

FIFRA Preemption After Bates v. Dow AgroSciences

All Publications, Federal Preemption, Published Articles / June 1, 2005

In the wake of the Supreme Court’s 2005 opinion in Bates v. Dow Agrosciences, 544 U.S. 431, pesticide manufacturers need to develop new, sophisticated approaches when raising FIFRA preemption as a defense to inadequate labeling and failure-to-warn claims. Read more in this article.

FIFRA Preemption After Bates v. Dow AgroSciences Read More »