News & Analysis as of

State and Local Government Dismissals Preemption

Winstead PC

“Death Star Bill” Survives Legal Challenge, Leaving Enforcement to Private Parties

Winstead PC on

On July 18, 2025, the Texas Third Court of Appeals in Austin dismissed a constitutional challenge to the Texas Regulatory Consistency Act (the “Act”) on standing grounds, declining to address whether the Act’s sweeping...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Bradley Arant Boult Cummings LLP

Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum...more

Pillsbury - Gravel2Gavel Construction & Real...

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

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