Preemption

Mayer Brown’s appellate practice has extensive experience litigating federal preemption and federal preclusion cases. We have represented either the party arguing for preemption or an amicus supporting preemption in every major preemption case heard by the Supreme Court in the last ten years, and also regularly handle preemption issues in other federal and state courts. Most recently, we won the  landmark case, AT&T Mobility v. Concepcion, 563 U.S. 321 (2011), in which the Supreme Court ruled that the Federal Arbitration Act preempts state laws that prohibit contracts from disallowing class-wide arbitration.

We have successfully litigated preemption cases involving a wide variety of industries—including (among others) telecommunications, transportation, medical devices, pharmaceuticals, and banking—under statutes as varied as the Telecommunications Act, the Federal Arbitration Act, the Clean Air Act, the Food, Drug and Cosmetic Act, the National Traffic and Motor Vehicle Safety Act, the Federal Aviation Administration Authorization Act, the ICC Termination Act, and the Federal Insecticide, Fungicide, and Rodenticide Act.