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Supremacy Clause

Kilpatrick

5 Key Takeaways | Talk Legal To Me

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Kilpatrick’s Jordan Goodman recently presented “Talk Legal To Me” at the Sharpen Your Focus UPPO Annual Conference in San Antonio....more

Cozen O'Connor

AGs Bet on State Power in Sports-Wager Fight

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A bipartisan coalition of 39 states and D.C. filed an amicus brief backing Nevada in Ninth Circuit litigation over whether prediction-market platforms can offer sports-betting products as federally regulated “event contracts”...more

Saul Ewing LLP

New Jersey Supreme Court Holds Federal Title IX Regulations Preempt Conflicting Grievance Procedures Under Collective Bargaining...

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On January 29, 2026, the Supreme Court of New Jersey held, in the case of In the Matter of Rutgers, the State University of New Jersey v. AFSCME Local 888, American Federal of State, County and Municipal Employees, AFL-CIO,...more

Troutman Pepper Locke

Prediction Markets Company’s Preemptive Lawsuits Aim to Carve Out a Federal Safe Harbor for Prediction Markets

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On March 11, Kalshi filed a lawsuit in the U.S. District Court for the Southern District of Iowa against Attorney General (AG) Brenna Bird and members of the Iowa Racing and Gaming Commission. Kalshi’s complaint asks the...more

Swope, Rodante P.A.

Berk v. Choy and Federal Pleading: Implications for Florida Medical Negligence Litigators

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The Supreme Court’s January 20, 2026 decision in Berk v. Choy, 607 U.S. ___ (2026), held that Delaware’s affidavit-of-merit requirement—mandating an expert affidavit accompany a medical malpractice complaint—does not apply in...more

Ropes & Gray LLP

Examining the Landscape and Limitations of the Federal Push to Override State AI Regulation

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The Trump administration’s recent executive order, titled “Ensuring a National Policy Framework for Artificial Intelligence,” asserts broad federal authority to preempt state laws regulating AI in order to establish a...more

(ACOEL) | American College of Environmental...

Can the Administration Persuade States Not to Bring Climate Litigation?

Last year, the United States sued the State of Michigan, seeking a preemptive court order preventing Michigan from filing suit against firms in the “fossil fuel industry”.  Michigan moved to dismiss, arguing that the case was...more

Knobbe Martens

THC You Later – An End to the THC Supplement Industry?

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Tucked away in the text of the law that ended the 2025 federal shutdown is a provision amending a handful of paragraphs from the 2018 farm bill. Although seemingly minor, this amendment may threaten the 28-billion-dollar hemp...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Viability of Trump’s AI Executive Order and Its Impact on IP Rights

On December 11, 2025, President Trump issued an executive order entitled “Ensuring a National Policy Framework for Artificial Intelligence.” The Order’s stated purpose is to allow United States (U.S.)-based artificial...more

Proskauer - California Employment Law

Halted: Federal Judge Blocks Enforcement of California’s Newly Enacted Labor Law

On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement of recently enacted labor...more

Troutman Pepper Locke

State Enforcement in the Wake of Trump Executive Order Targeting State Regulation of AI

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On December 11, President Donald Trump signed an executive order (EO) that establishes a national artificial intelligence (AI) regulatory framework and attempts to preempt enforcement of state AI laws. Titled “Ensuring a...more

Littler

President Signs Executive Order to Limit State Regulation of Artificial Intelligence

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On December 11, 2025, President Trump signed an executive order purporting to limit the ability of states to regulate the use of artificial intelligence (AI). The order’s stated purpose is to ensure that American AI companies...more

Shook, Hardy & Bacon L.L.P.

Federal Courts Consider Constitutionality of Restrictions on Foreign Land Ownership

Foreign land ownership in the United States has long been a contentious issue, with approximately 28 states as of the 2025 legislative session enacting laws to restrict such ownership. Today, laws restricting such ownership...more

Epstein Becker & Green

State Cannot Immunize Parties from Federal Civil Liability - SCOTUS Today

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While we U.S. Supreme Court practitioners and observers await decisions in several already-argued cases of great significance regarding the separation of powers and executive authority, the Court this morning issued a per...more

Seyfarth Shaw LLP

Disability Rights Advocates Challenge a New Florida Law Allowing Pregnant Women to Park in Accessible Parking Spaces

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A plaintiff with a mobility disability sued the Florida government claiming that pregnancy parking permits violate ADA Title II and the Rehabilitation Act. In July 2025, the Florida legislature passed a law allowing...more

BakerHostetler

Federal Court’s Decision Overturning Labor Board on Employee Political Speech Creates More Questions than Answers

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In a northeast suburb of Minneapolis, Minnesota, Home Depot employees alleged that the company permitted racially intolerant behavior by co-workers in the wake of George Floyd’s murder in 2020, which occurred less than 7...more

Amundsen Davis LLC

Supreme Court of Illinois to Address Whether the FAAAA Preempts Negligent Hiring/Selection Claims Against Freight Brokers

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On November 26, 2025, the Supreme Court of Illinois agreed to address whether state common law claims for negligent hiring/selection are preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). This...more

Stinson LLP

Sportsbooks or Commodity Exchanges? The Rising Legal Tensions Between Sports Betting and Prediction Markets

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We have all seen the commercials with witty comedians and sports legends extolling how easy it is to pick up your phone and place a bet for your favorite sports team. That is, unless you live in a state where gambling on...more

Carlton Fields

Louisiana Federal Court Rejects Attempt to Avoid Arbitration, Holds That Arbitration Is Required Under Federal Law

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The U.S. District Court for the Eastern District of Louisiana rejected an effort to avoid arbitration based on Louisiana law. The court held that federal law applied and required arbitration of claims against both domestic...more

Freeman Mathis & Gary

Vertical stare decisis: Can a District Court of Appeal overrule Florida Supreme Court precedent?

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The First District Court of Appeal recently struck down a Florida law that prohibited people from openly carrying firearms in public. The court held that section 790.053 violated the Second Amendment as applied to the states...more

Kilpatrick

5 Key Takeaways | Pomp v Goodman at the 32nd Annual Hartman SALT Forum

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The Professor Paul J. Hartman Memorial State and Local Tax (SALT) Forum, sponsored in conjunction with Vanderbilt University Law School, is a premier event that offers industry professionals, practitioners, and state revenue...more

Jackson Lewis P.C.

NLRB Sues to Block California Bill Expanding PERB Responsibilities

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The National Labor Relations Board (NLRB) has filed a lawsuit against the state of California seeking to block a new law that would allow the California Public Employment Relations Board (PERB) to take on responsibilities...more

Sheppard, Mullin, Richter & Hampton LLP

NLRB Challenges California’s AB 288 as Preempted by Federal Law

The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would...more

Dorsey & Whitney LLP

Energy Law: Month in Review - September 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Amundsen Davis LLC

Supreme Court of the United States Agrees to Address Whether the FAAAA Preempts Negligence Claims Against Freight Brokers

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The Supreme Court of the United States will finally settle the circuit court split around the country and address whether state common law claims for negligent hiring/selection are indeed preempted by the Federal Aviation...more

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