News & Analysis as of

Federal v State Law Application Constitutional Challenges Preemption

Katten Muchin Rosenman LLP

HHS Rescinds 2022 EMTALA Guidance on State Law Preemption in Emergency Reproductive Healthcare

On May 29, 2025, the Department of Health and Human Services (“HHS”) rescinded its July 11, 2022 guidance (Ref. QSO-22-22-Hospitals) (the “2022 Guidance”) clarifying how the Emergency Medical Treatment and Labor Act of 1965...more

Troutman Pepper Locke

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

Troutman Pepper Locke on

On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Lowndes

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

Lowndes on

Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Bracewell LLP

San Antonio Paid Sick Leave Ordinance Will Not be Implemented on December 1

Bracewell LLP on

November 22, 2019, San Antonio Judge Peter Sakai granted a temporary injunction preventing the City’s Sick and Safe Leave Ordinance from taking effect. The Ordinance’s December 1, 2019, effective date has been indefinitely...more

Seyfarth Shaw LLP

Is California’s Latest Assault On Arbitration Constitutional?

Seyfarth Shaw LLP on

Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more

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