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Preemption State Attorneys General

Goodwin

House Passes 10-Year Federal Moratorium on State AI Regulation: Key Implications for Businesses

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On May 22, 2025, the House of Representatives narrowly passed the "One Big Beautiful Bill Act," a budget reconciliation package setting forth President Trump’s domestic agenda, including a sweeping 10-year federal moratorium...more

Kelley Drye & Warren LLP

Bipartisan Coalition of State AGs Oppose Federal Effort to Block State AI Laws

If you’ve been keeping tabs on the AI legal landscape lately, one thing is clear: states aren’t waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at...more

Shipman & Goodwin LLP

Idaho Federal Judge Warns of Conflicts Between Restrictive Abortion Laws and EMTALA

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In a 60-page decision issued on March 20, 2025, Judge Lynn Winmill, a Federal District Judge for the District of Idaho, granted a preliminary injunction that enjoins Attorney General Raúl Labrador and his officers, employees,...more

Akerman LLP - Health Law Rx

Idaho’s Defense of Life Act and EMTALA: For Now, a Federal Court Permits an Idaho Health System to Stabilize Pregnant Patients...

An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant...more

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

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On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Orrick, Herrington & Sutcliffe LLP

District court receives motion for preliminary injunction in Illinois interchange fee suit

On March 17, a group of banking and credit union trade associations (the plaintiffs) filed a motion for summary judgment in the U.S. District Court for the Northern District of Illinois, arguing the Illinois Interchange Fee...more

Ballard Spahr LLP

Wisconsin Appeals Court Rejects National Bank Act Preemption

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In a significant ruling on February 18, 2025, the Wisconsin Court of Appeals determined that National Bank Act (NBA) does not preempt the procedural “right to cure” notice requirements mandated by the Wisconsin Consumer Act...more

Ballard Spahr LLP

Illinois swipe fee injunction extended to cover out-of-state banks, but not federal credit unions

Ballard Spahr LLP on

Chief Judge Virginia Kendall of the Northern District of Illinois has extended her preliminary injunction prohibiting Illinois from enforcing the Illinois Interchange Fee Prohibition Act (the “IFPA”) to cover out-of-state...more

Seyfarth Shaw LLP

OEMs Seek to Enjoin Enforcement of Maine Right to Repair Act

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On Friday, January 31, 2025, the Alliance for Automotive Innovation (“Auto Innovators”), a trade association representing manufacturers in the auto industry, filed a lawsuit in federal court in Maine seeking to enjoin...more

Cozen O'Connor

Fuel Efficiency Rule Recharged by Democratic AG Support

Cozen O'Connor on

A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting...more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

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The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

Troutman Pepper Locke

Federal Court Rules Montana AG Preempted from De-Listing Cigarette Manufacturer

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In late June, the U.S. District Court for the District of Montana held that federal law preempts the Montana Attorney General (AG) from removing the cigarette brands of Grand River Enterprises Six Nations, Ltd. (Grand River)...more

Troutman Pepper Locke

State AG Coalition Opposes Current Federal Privacy Legislation

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On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to...more

Troutman Pepper Locke

DOT Deputizes State AGs to Pursue Consumer Claims Against Airlines, Circumventing Long-Standing Preemption

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The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs’ regulatory reach. This partnership, formed...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Feb. 27 in National Bank Act preemption case

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On February 27, 2024, the U.S. Supreme Court will hear oral argument in Cantero v. Bank of America, N.A., a case involving the scope of preemption under the National Bank Act (NBA). The question before the Court is whether...more

Seyfarth Shaw LLP

California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of...

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Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more

Troutman Pepper Locke

Bipartisan AG Coalition Signs Amicus Brief Advocating for the US Supreme Court to Revoke MLB’s Antitrust Exemption

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A bipartisan coalition of 18 state attorneys general (AGs) led by Connecticut AG William Tong has signed an amicus brief urging the U.S. Supreme Court to overrule its 1972 Flood v. Kuhn decision and revoke the immunity from...more

Seyfarth Shaw LLP

NHTSA Sides With Automakers, Informs Court That Massachusetts Data Access Law Preempted By Federal Law

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In a June 13, 2023 filing in the Alliance for Automotive Innovation v. Campbell case pending in Massachusetts federal court, the National Highway Traffic Safety Administration (NHTSA) gave notice that it had sent a letter to...more

Troutman Pepper Locke

State AGs Choose Products Liability Case as Battleground for State Sovereignty

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A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer protection laws. On May 30, the...more

Cozen O'Connor

Bipartisan AG Coalition Has Bone to Pick with Fosemax Preemption Ruling

Cozen O'Connor on

A bipartisan coalition of 23 AGs filed a brief in the Third Circuit Court of Appeals in support of plaintiffs who allege they were harmed by the side effects of Fosemax, an osteoporosis drug. ...more

Kelley Drye & Warren LLP

(Un) Check Your Checkboxes: States not Preempted by FECA

On January 26, Minnesota Federal District Court Judge John Tunheim dismissed a pending action for declaratory relief brought by WinRed, Inc., seeking to enjoin an ongoing consumer protection investigation brought by the...more

Latham & Watkins LLP

California and Key Stakeholders Join Warehouse Regulation Lawsuit

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The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court. On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more

Troutman Pepper Locke

WinRed Fights Back Against Alleged Overreach by State Attorneys General

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Four Democratic state attorneys general are investigating the online fundraising practices of WinRed, a Republican-affiliated political action committee (PAC), and ActBlue, a Democratic-affiliated PAC. WinRed recently punched...more

Morrison & Foerster LLP

Financial Services Report - Spring 2021

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio...more

Troutman Pepper Locke

Colorado Attorney General Announces Landmark Settlement in True Lender Litigation Actions

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In January 2017, the Attorney General of Colorado filed two lawsuits against Marlette Funding LLC and Avant of Colorado LLC. Among other things, the lawsuits claimed that these two companies, as the online platforms for loans...more

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