All articles tagged with #preemption
The Supreme Court faces whether states may require cancer warnings on glyphosate-based herbicides like Roundup even though the EPA has not mandated such warnings, a decision with implications for thousands of lawsuits and the balance between state consumer protections and federal preemption under FIFRA.
The Office of the Comptroller of the Currency issued a federal order preempting Illinois’ 2024 ban on credit-card interchange fees on the tax and tip portions of transactions, a move that benefits national banks but could burden state-chartered banks; Illinois lawmakers and Gov. Pritzker are weighing delays or repeal as litigation continues, with oral arguments set for May 13, as retailers back the ban and banks warn of potential disruption.
The Supreme Court is examining whether federal pesticide law FIFRA preempts state-court claims that Roundup caused cancer, a decision that could curb one of the largest waves of product-liability lawsuits and affect farmers’ access to glyphosate; justices questioned how federal and state labeling rules would work if the lawsuits proceed, as Monsanto/Bayer and the federal government take opposing positions.
The Supreme Court in Hencely v. Fluor Corp. held that a wounded soldier’s suit against a military contractor isn’t automatically preempted by federal policy, signaling a more cautious approach to preemption that could limit broad court-created goals and affect how state laws interact with federal aims. Justice Thomas wrote the majority (joined by Gorsuch and Barrett), while Alito dissented with Roberts and Kavanaugh. The decision contrasts with earlier precedents like Hines and Wyeth, suggesting the Court may roll back expansive preemption theories, with potential implications for consumer liability cases and immigrants’ rights depending on how future cases apply these standards.
In a 6-3 ruling written by Justice Thomas, the Supreme Court vacated a Fourth Circuit decision and allowed Winston Hencely’s state-law tort claims against Fluor Corp., a military contractor tied to a Taliban bombing at Bagram in 2016, to proceed, rejecting a broad battlefield preemption theory and remanding for further proceedings; Justices Alito, Roberts, and Kavanaugh dissented, arguing war powers preempt such suits.
House Republicans rolled out two bills—the SECURE Data Act for consumer tech data and the GUARD Financial Data Act for financial data—that would preempt dozens of state privacy laws and establish a single federal standard, restricting data collection and giving consumers access to their information; backed by Republican committee chairs but without Democratic sign-ons, the plan aims to balance privacy protections with a unified regulatory framework, though critics say it prioritizes corporations and could shield state protections, with efforts to win bipartisan support by incorporating Democratic privacy ideas before the midterms.
The Trump administration issued a six-pronged national AI framework intended to standardize safety and energy standards for AI, preempt state AI regulations, tackle IP and political-expression concerns, and urge Congress to turn the framework into federal legislation to be signed this year.
The Supreme Court will hear Monsanto’s bid to preempt state-law warnings about Roundup’s cancer risk under federal pesticide law, potentially shielding the company from tens of thousands of lawsuits even though the EPA has not required a cancer warning. The case could affect more than 100,000 plaintiffs and clarify whether federal rules override state claims; a decision is expected by late June with arguments possibly in April.
The US Supreme Court agreed to hear Bayer AG’s appeal challenging thousands of Roundup lawsuits, focusing on whether federal pesticide law preempts state-level failure-to-warn claims. Bayer seeks to dismiss many cases while still facing roughly 67,000 claims, with billions already paid in verdicts and settlements and more reserved. The ruling could harmonize preemption standards across courts and impact the trajectory of Roundup litigation.
Jimmy Kimmel Live! returned to air with 6.26 million viewers despite preemptions in 23% of U.S. TV households, marking a significant increase from its average viewership of 1.42 million. The show addressed Kimmel's suspension and garnered extensive online views, with high ratings among 18-49-year-olds, amid ongoing discussions with local station owners about its future.
Jimmy Kimmel returned to his show after a week-long suspension, delivering an emotional monologue defending free speech, addressing controversy over his comments on Charlie Kirk's death, criticizing FCC chairman Brendan Carr, and highlighting the importance of free expression in America. The show was preempted due to controversial comments, but Disney and other broadcasters decided to resume airing it amid political and public debates.
Nexstar and Sinclair are preempting Jimmy Kimmel Live! on their stations in response to comments made by Kimmel, citing concerns over respectful dialogue and political tensions. Nexstar's stations will focus on local news, and Sinclair has also decided not to broadcast the show, amid broader political and regulatory debates involving the FCC and media consolidation.
Nexstar Media Group announced that its ABC-affiliated stations will continue to preempt 'Jimmy Kimmel Live!' following controversial comments by Kimmel, while the show remains accessible via Disney streaming platforms. Nexstar emphasizes its commitment to respectful dialogue and local programming.
Nexstar and Sinclair Broadcast Group have decided not to air Jimmy Kimmel's return to TV, replacing his show with news programming on 66 ABC stations they own, citing concerns over his comments and ongoing discussions with ABC about the show's return. Despite Disney's decision to resume the show after a suspension, the preemption affects a significant portion of ABC's audience due to station ownership by these groups.
Nexstar Media Group's ABC-affiliated stations will preempt 'Jimmy Kimmel Live!' indefinitely starting tonight due to the show's host, Jimmy Kimmel, making comments about the killing of Charlie Kirk that Nexstar finds offensive and inappropriate for their communities, aiming to promote respectful dialogue.