| 25-495 |
The Boeing Company v. Southwest Airline Pilots Association, on Behalf of Itself and its Members |
Texas |
2025-10-22 |
Pending |
Response RequestedResponse WaivedRelisted (2) |
airline-industry collective-bargaining-agreement preemption railway-labor-act state-law-claims third-party-liability |
Whether the Railway Labor Act preempts state-law claims against a third party that cannot be resolved without interpreting a collective bargaining agr… |
| 25-452 |
UnitedHealthcare Insurance Company, a Connecticut Corporation, et al. v. Fremont Emergency Services (Mandavia), Ltd., a Nevada Professional Corporation, et al. |
Nevada |
2025-10-15 |
Denied |
Amici (1)Response Waived |
erisa-preemption health-plan-administration out-of-network-care plan-reimbursement state-law-claims unjust-enrichment |
Whether ERISA § 514 preempts a claim asserting that the administrator of an ERISA-governed health plan was required by state law to reimburse out-of-n… |
| 25-257 |
Wells Pharma of Houston, L.L.C. v. Zyla Life Sciences, L.L.C. |
Fifth Circuit |
2025-09-04 |
Pending |
CVSGAmici (3)Response RequestedResponse WaivedRelisted (2) |
consumer-protection drug-marketing fdca-preemption outsourcing-facilities premarket-approval state-law-claims |
Whether the FDCA preempts private state-law unfair competition and consumer protection claims premised on the marketing of compounded drugs without pr… |
| 25-170 |
Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners of Boulder County, et al. |
Colorado |
2025-08-12 |
Pending |
Amici (14)Response RequestedResponse WaivedRelisted (6) |
climate-change federal-law greenhouse-gas-emissions international-emissions interstate-emissions state-law-claims |
Whether federal law precludes state-law claims seeking relief for injuries allegedly caused by the effects of interstate and international greenhouse-… |
| 24-911 |
Shlomo Rechnitz, et al. v. Nancy Hearden, et al. |
Ninth Circuit |
2025-02-24 |
Denied |
Response Waived |
complete-preemption covered-persons federal-removal prep-act public-health-emergency state-law-claims |
Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such… |
| 24-512 |
Ghassan Korban, in His Official Capacity as Executive Director of the Sewerage and Water Board of New Orleans v. Watson Memorial Spiritual Temple of Christ, dba Watson Memorial Teaching Ministries, et al. |
Louisiana |
2024-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
common-core-facts federal-judgment preclusion procedural-posture res-judicata state-law-claims |
Is a prior federal judgment res judicata as to state-law claims in a subsequent state or federal court action that arise from a common core of facts a… |
| 24A212 |
Innovative Fibers LLC, et al. v. Parker O'Neil Wideman, et al. |
Fourth Circuit |
2024-08-27 |
Presumed Complete |
|
diversity-jurisdiction federal-jurisdiction federalism state-law-claims subject-matter-jurisdiction workers-compensation |
Whether federal courts sitting in diversity jurisdiction may entertain state law workers' compensation claims that a state legislature has mandated mu… |
| 24A89 |
Monsanto Company v. John D. Carson |
Eleventh Circuit |
2024-07-25 |
Presumed Complete |
|
epa-approval failure-to-warn fifra labeling preemption state-law-claims |
Whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law failure-to-warn claims challenging the labeling of EPA-appr… |
| 24-80 |
Eliezer Taveras v. U.S. Bank National Association, et al. |
Eleventh Circuit |
2024-07-25 |
Denied |
|
claim-splitting due-process federal-jurisdiction procedural-removal removal rooker-feldman state-law state-law-claims |
Does the removal of a case from state to federal court, under allegations of fraudulent procedural conduct by the defendants and when the principal cl… |
| 23-947 |
Sunoco LP, et al. v. City and County of Honolulu, Hawaii, et al. |
Hawaii |
2024-03-01 |
Denied |
CVSGAmici (1)Relisted (2) |
civil-procedure climate-change environmental-law federal-preemption greenhouse-gas greenhouse-gas-emissions interstate-emissions standing state-law state-law-claims |
Whether federal law precludes state-law claims seeking redress for injuries allegedly caused by the effects of interstate and international greenhouse… |
| 23-919 |
Kristin DiCroce v. McNeil Nutritionals, LLC, et al. |
First Circuit |
2024-02-26 |
Denied |
Response Waived |
buckman-ruling buckman-v-plaintiffs-legal-committee circuit-court-interpretation federal-food-drug-cosmetic-act federal-preemption implied-preemption medtronic-precedent medtronic-v-lohr state-law-causes-of-action state-law-claims statutory-interpretation |
Whether state law claims based on violating the Federal Food, Drug and Cosmetic Act are impliedly preempted |
| 23-785 |
PHH Mortgage Corporation v. Mark Anthony Guthrie |
Fourth Circuit |
2024-01-22 |
Denied |
Amici (4) |
bankruptcy-code bankruptcy-court civil-contempt debt-collection discharge-injunction federal-preemption preemption state-law-claims uniform-federal-law |
Whether the Bankruptcy Code preempts state-law claims premised on alleged efforts to collect a debt in violation of the bankruptcy court's discharge i… |
| 23A651 |
Sunoco LP, et al. v. City and County of Honolulu, Hawaii, et al. |
Hawaii |
2024-01-16 |
Presumed Complete |
|
clean-air-act climate-change federal-common-law interstate-emissions personal-jurisdiction state-law-claims |
Whether federal common law or state law governs climate-change tort claims seeking redress for interstate greenhouse gas emissions after the Clean Air… |
| 23A518 |
PHH Mortgage Corporation v. Mark Anthony Guthrie |
Fourth Circuit |
2023-12-07 |
Presumed Complete |
|
bankruptcy-code bankruptcy-discharge debt-collection discharge-injunction preemption state-law-claims |
Whether the Bankruptcy Code preempts state-law causes of action based on a creditor's efforts to collect debt that has been discharged in bankruptcy |
| 23A451 |
Lyft, Inc. v. Million Seifu |
California |
2023-11-20 |
Presumed Complete |
|
arbitration-agreement federal-arbitration-act paga-claims preemption state-law-claims viking-river-cruises |
Whether state courts can circumvent the Supreme Court's Viking River Cruises decision by refusing to dismiss non-individual Private Attorneys General … |
| 23-293 |
Pomona Healthcare and Wellness Center, dba Park Avenue Healthcare and Wellness Center v. Brenda Thomas, Individually and as Heir and Successor in Interest to Larry Charles Jackson |
Ninth Circuit |
2023-09-22 |
Denied |
Response Waived |
complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency state-law-claims willful-misconduct |
Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such… |
| 23-168 |
American Petroleum Institute, et al. v. Minnesota |
Eighth Circuit |
2023-08-22 |
Denied |
Amici (5)Relisted (3) |
civil-rights climate-change climate-change-litigation due-process federal-common-law federal-jurisdiction federal-question-jurisdiction interstate-emissions removal-jurisdiction standing state-law-claims |
Whether a federal district court has removal jurisdiction over putative state-law claims seeking redress for injuries allegedly caused by the effect o… |
| 23-163 |
Blue Flame Medical LLC v. Chain Bridge Bank, N.A., et al. |
Fourth Circuit |
2023-08-21 |
Denied |
Response Waived |
federal-preemption federal-reserve fedwire-funds-service field-preemption interbank-payment regulation-j state-law-claims uniform-commercial-code wire-transfer |
Whether petitioner's state-law claims challenging the unauthorized wire transfer of over $456 million from its account are preempted by the Federal Re… |
| 22-1180 |
Shire U.S., Inc., et al. v. Mark Blackburn |
Eleventh Circuit |
2023-06-07 |
Denied |
Amici (1) |
drug-labeling fda-preapproval FDA-regulations federal-preemption pliva-v-mensing preemption prescription-drugs state-law-claim state-law-claims unilateral-change unilateral-label-changes |
Whether a state-law claim is preempted if it places a duty on a drug manufacturer to unilaterally change FDA-approved language that appears in the Hig… |
| 22-914 |
Stanley Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP, et al. |
Second Circuit |
2023-03-20 |
Denied |
Relisted (5) |
circuit-split civil-procedure federal-courts federal-jurisdiction hypothetical-jurisdiction judicial-domain standing state-law-claims steel-co-v-citizens-for-a-better-env't subject-matter-jurisdiction |
Whether a federal court may assume 'hypothetical' subject matter jurisdiction to reach a decision on issues of state law against the party challenging… |
| 22-821 |
Chevron Corporation, et al. v. City of Hoboken, New Jersey, et al. |
Third Circuit |
2023-03-01 |
Denied |
|
civil-rights climate-change federal-jurisdiction greenhouse-gas-emissions preemption standing state-law-claims statutory-interpretation transboundary-injury |
Whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state-law claims seeking redress for injuries allegedly caused… |
| 22-761 |
Todd Bowers v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO |
Fourth Circuit |
2023-02-13 |
Denied |
|
due-process federal-question-jurisdiction labor-management-relations-act motion-to-remand notice-of-removal preemption removal state-law-claims |
Whether district court properly maintained federal question jurisdiction |
| 22-524 |
Shell Oil Products Co., L.L.C., et al. v. Rhode Island |
First Circuit |
2022-12-06 |
Denied |
Amici (2)Relisted (2) |
climate-change federal-common-law federal-jurisdiction greenhouse-gas-emissions preemption public-nuisance removal state-law-claims subject-matter-jurisdiction transboundary-harm |
Whether federal district court has jurisdiction over state-law claims for injuries caused by transboundary greenhouse gas emissions |
| 22-495 |
Chevron Corporation, et al. v. San Mateo County, California, et al. |
Ninth Circuit |
2022-11-28 |
Denied |
Amici (1)Relisted (2) |
civil-procedure climate-change climate-injury federal-jurisdiction greenhouse-gas-emissions preemption standing state-law-claims statutory-interpretation transboundary-impact |
Whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state-law claims |
| 22-455 |
Tyson Foods, Inc., et al. v. Rolandette Glenn, et al. |
Fifth Circuit |
2022-11-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
covid-19-pandemic executive-order federal-direction federal-officer-removal federal-supervision food-supply national-emergency national-food-supply state-court-removal state-law-claims |
Whether a private actor that assists the federal government in securing the national food supply during a national emergency, under extensive federal … |
| 22-221 |
Jose Mendoza, Jr. v. Amalgamated Transit Union International, et al. |
Ninth Circuit |
2022-09-09 |
Denied |
Response Waived |
collective-bargaining collective-bargaining-agreements federal-forum labor-management-relations-act labor-management-reporting-and-disclosure-act preemption state-law-claims state-law-preemption union-constitution union-constitutions union-governance |
Does § 301 of the LMRA completely preempt state law claims and remedies by union members against their unions to enforce union constitutions despite t… |
| 22-192 |
Glenhaven Healthcare LLC, et al. v. Jackie Saldana, et al. |
Ninth Circuit |
2022-08-31 |
Denied |
Amici (2) |
complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency state-law-claims willful-misconduct |
Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such… |
| 21-638 |
David R. Watkins, et al. v. Brian F. Spector, et al. |
Eleventh Circuit |
2021-11-01 |
Denied |
Amici (1)Response Waived |
civil-procedure class-action data-breach due-process ex-parte judicial-procedure legal-ethics settlement settlement-agreement state-law-claims |
Whether it violates due-process for a district-court to adopt verbatim a final-opinion on discretionary-matters ghostwritten by a prevailing-party's l… |
| 21-270 |
BNSF Railway Company v. Robert Dannels |
Montana |
2021-08-25 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
federal-employers-liability-act non-frivolous-defenses preemption railroad-liability settlement settlement-obligations state-law-claims state-law-duties unfair-settlement-practices uniform-federal-framework |
Whether FELA preempts state-law duties that require a defendant to settle and pay FELA claims even when the defendant has non-frivolous defenses to li… |
| 21-241 |
Monsanto Company v. Edwin Hardeman |
Ninth Circuit |
2021-08-18 |
Denied |
CVSGAmici (8)Response RequestedResponse WaivedRelisted (4) |
daubert-standard epa-approval expert-testimony failure-to-warn federal-insecticide-fungicide-and-rodenticide-act fifra-preemption herbicide-regulation preemption state-law-claims |
Whether FIFRA preempts a state-law failure-to-warn claim |
| 21-5033 |
Relonzo Phillips v. Melody M. Maddox, Sheriff, Dekalb County, Georgia |
Georgia |
2021-07-08 |
Denied |
IFP |
civil-procedure civil-rights due-process judicial-economy malicious-prosecution patent pendent-jurisdiction qualified-immunity standing state-law-claims summary-judgment takings |
Whether the lower court erred in its application of the legal standards for standing, due-process, civil-rights, takings, patent, civil-procedure |
| 20-1744 |
Google, Inc., et al. v. John Doe, et al. |
California |
2021-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
administrative-law civil-procedure federal-preemption labor-relations national-labor-relations-act nlra-jurisdiction penalties preemption state-law-claims statutory-preemption |
Whether the National Labor Relations Act preempts a state-law claim for penalties based on the same conduct that formed the basis of relief under the … |
| 20-1676 |
Public Watchdogs v. Southern California Edison Company, et al. |
Ninth Circuit |
2021-06-02 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
civil-rights due-process hobbs-act nrc-licensees nuclear-power nuclear-waste price-anderson-act regulatory-authority state-law-claims subject-matter-jurisdiction |
Whether the Hobbs Act deprives a federal district court of subject matter jurisdiction over state law and Price-Anderson Act claims asserted by a priv… |
| 20-1572 |
Ramon D. Johnson, II v. Novartis Pharmaceuticals Corporation, et al. |
Fifth Circuit |
2021-05-13 |
Denied |
Response WaivedRelisted (2) |
brand-name-liability brand-name-manufacturer FDA-approval generic-drug generic-drug-liability label-defect leave-to-amend preemption product-liability state-law-claims texas-presumption-of-no-liability unapproved-indication |
Whether a brand name drug manufacturer can be held liable for the defective label of a generic drug product |
| 20-339 |
Jason Winer v. Coralys Negron, et al. |
Second Circuit |
2020-09-16 |
Denied |
Response Waived |
civil-procedure consumer-protection creditor-definition creditor-status de-facto-dealer district-court-jurisdiction state-law-claims Supplemental-jurisdiction unfair-trade-practices |
No question identified |
| 20-152 |
Anastasia Wullschleger, et al. v. Royal Canin U.S.A., Inc., et al. |
Eighth Circuit |
2020-08-13 |
Denied |
|
appellate-jurisdiction class-action fake-products federal-question federal-question-jurisdiction jurisdictional-interpretation legal-procedure marketing state-law-claims subject-matter-jurisdiction |
Whether the court of appeals erred in finding federal question jurisdiction over a state-law class action complaint alleging marketing of fake pet foo… |
| 20-5094 |
Anita Laux v. Mentor Worldwide, LLC |
Ninth Circuit |
2020-07-16 |
Denied |
Response WaivedRelisted (2)IFP |
cgmps circuit-split current-good-manufacturing-practices federal-requirements food-drug-cosmetic-act medical-device medical-device-preemption parallel-claims preemption state-law-claims twombly-iqbal |
Whether state-law claims against a medical device manufacturer are preempted |
| 19-8320 |
Quintez Talley v. Pennsylvania Department of Corrections, et al. |
Third Circuit |
2020-04-21 |
Denied |
IFP |
8th-amendment civil-rights due-process eighth-amendment excessive-fines federal-claims pleading-standards prisoner-rights pro-se-plaintiff state-law-claims supplemental-jurisdiction |
Whether the party seeking to raise the possessory evidence privilege has an absolute evidentiary privilege |
| 19-1144 |
Michael McCarron v. DeCarlo & Shanley, P.C. |
Ninth Circuit |
2020-03-18 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
civil-procedure erisa erisa-preemption fiduciary-duty labor-law labor-union legal-advice legal-malpractice preemption professional-misconduct standing state-law-claims |
Does ERISA preempt state law claims against a law firm for providing improper legal advice to a labor union official? |
| 19-733 |
Metro-North Commuter Railroad Co. v. Jamey Murphy |
Connecticut |
2019-12-10 |
Denied |
Response Waived |
federal-railroad-safety-act passenger-platform preemption state-law-claim state-law-claims track-conditions track-safety train-speed transportation-regulation |
Does the Federal Railroad Safety Act preempt a state-law claim that a train may not travel on a track next to a passenger platform at the operating sp… |
| 19-490 |
Jonathan S. Metcalf v. Michael Fitzgerald, et al. |
Connecticut |
2019-10-15 |
Denied |
|
adversary-proceeding adversary-proceedings bankruptcy bankruptcy-code civil-procedure federalism judicial-interpretation legal-claims preemption standing state-law state-law-claims vexatious-litigation |
Does the Bankruptcy Code preempt state-law vexatious-litigation claims arising from adversary actions in bankruptcy proceedings? |
| 19-271 |
Catherine Stouffer, et al. v. Union Pacific Railroad Company |
Texas |
2019-08-30 |
Denied |
Response Waived |
administrative-law agency-deference federal-agency-deference federal-highway-administration federal-preemption federal-railroad-administration federal-regulations railroad-safety regulatory-interpretation state-federal-agreement state-law-claims state-railroad-agreement state-railroad-agreements warning-time |
Should FRA regulations be interpreted in concert with FHWA regulations to enforce safety standards in 'State-railroad agreements,' rather than 'suppla… |
| 19-77 |
Caring For Montanans, Inc., et al. v. The Depot, Inc., et al. |
Ninth Circuit |
2019-07-16 |
Denied |
Response Waived |
circuit-split conflict-preemption connection-with employee-benefits employer-liability enforcement-remedy enforcement-scheme erisa-preemption express-preemption insurance insurance-misrepresentation misrepresentation plan-terms reference-to state-law-claims |
Does ERISA preempt state-law claims alleging that an insurer's misrepresentations about an ERISA plan's terms induced an employer to create the plan? |
| 18-1592 |
Allstate Insurance Company v. Daniel Rivera, et al. |
Seventh Circuit |
2019-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
article-iii article-iii-standing civil-procedure defamation fair-credit-reporting-act fcra federal-jurisdiction standing state-law-claims supplemental-jurisdiction trial-court-discretion |
Whether a federal court may exercise supplemental jurisdiction over state-law claims when it determines after trial that a plaintiff lacks standing to… |
| 18-628 |
Rebekah Cooper, as Administrator of the Estate of Jason Cooper, Deceased v. Ehtsham Haq, et al. |
Alabama |
2018-11-14 |
Denied |
|
civil-procedure federal-question medical-malpractice state-law-claims statute-of-limitations supplemental-jurisdiction tolling tolling-provision wrongful-death |
Are the state-law periods of limitation for Alabama wrongful-death and medical-malpractice claims immune from the tolling provisions of 28 U.S.C. § 13… |
| 18-579 |
Alaska Airlines, Inc. v. Judy Schurke, et al. |
Ninth Circuit |
2018-11-02 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
arbitration-requirement civil-procedure collective-bargaining collective-bargaining-agreement federal-jurisdiction labor-management-relations-act labor-preemption labor-relations ninth-circuit-ruling preemption railway-labor-act state-law-claim state-law-claims |
Whether federal courts lack authority to inquire into the nature and scope of an alleged state law claim in determining whether resolution of that cla… |
| 18-499 |
Mark Griffioen, et al. v. Cedar Rapids and Iowa City Railways Company, et al. |
Iowa |
2018-10-18 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
alternative-remedy civil-procedure civil-rights due-process federal-preemption federal-railroad-safety-act federal-remedy interstate-commerce interstate-commerce-commission-termination-act preemption preemption-under-iccta public-safety rail-transportation savings-clause state-law state-law-claims takings |
Whether the Iowa Supreme Court erred in holding that state laws of general application addressing primarily public safety issues and with only an inci… |
| 18-449 |
Pharmavite LLC v. Noah Bradach |
Ninth Circuit |
2018-10-10 |
Denied |
Response Waived |
class-action class-certification class-members federal-preemption federal-statute individual-inquiry preemption state-law-claims supremacy-clause |
Is it a violation of the Supremacy Clause for a federal court to certify a class that includes class members asserting state law claims that are expre… |
| 18-419 |
Len Boogaard, et ux., as Personal Representatives of the Estate of Derek Boogaard, Deceased v. National Hockey League, et al. |
Seventh Circuit |
2018-10-03 |
Denied |
Response Waived |
civil-procedure civil-rights federal-jurisdiction forfeiture judicial-discretion pleading-requirements remand removal state-law-claims tort-law |
Whether the federal courts abused their discretion in usurping a states' power to adjudicate common law tort claims |
| 18-27 |
Estate of Juanita Jackson, et al. v. Rubin Schron |
Eleventh Circuit |
2018-07-05 |
Denied |
|
all-writs-act bankruptcy bankruptcy-jurisdiction consent injunctive-relief judicial-authority jurisdiction non-core-proceedings permanent-injunction state-law-claims |
Can bankruptcy courts use the All Writs Act to expand their jurisdiction and authority beyond the confines of the Bankruptcy Code? And if so, can they… |