Don Rushing

Don Rushing

Morrison & Foerster LLP

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Ninth Circuit Offers Guidance to Defendants Seeking to Establish Removal Jurisdiction

The Supreme Court recently denied a petition for a writ of certiorari in Leite v. Crane Co., 49 F.3d 1117 (9th Cir. 2014), cert. denied, 574 U.S. ___ (2014) (No. 14-119), a case in which the Ninth Circuit established the...more

11/6/2014 - Federal Jurisdiction Federal Rules of Civil Procedure Jurisdiction Removal

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more

3/19/2013 - Air Carrier Access Act Federal Aviation Act Gilstrap v United Air Lines Martin ex rel Heckman v Midwest Express Montalvo v Spirit Airlines Pleadings Preemption

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