On August 10, 2026, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey declared that the National Labor Relations Act (“NLRA”) preempts the labor peace agreement (“LPA”) requirement in New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”).
The ruling in Curaleaf Holdings Inc. v. NJ Cannabis Regulatory Commission, No. 3:25-cv-16397 (D.N.J. Aug. 10, 2026), converts Judge Shipp’s May 2026 preliminary injunction opinion into a final, appealable order—setting the stage for a potentially landmark Third Circuit decision on NLRA preemption and state-mandated labor obligations. The decision adds to a growing line of federal court rulings rejecting state attempts to regulate private-sector labor relations in ways that conflict with the NLRA, a trend we have been closely tracking in the context of state NLRB trigger bills (covered here and here). Federal courts across the country have recently addressed similar… Read the complete article here...
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