Conflict of Laws | JD Supra Legal News, Updates, Analysis, & Information

Legally Operating a Medical Marijuana Business in California

by Ashley C L Brown on 5/19/2012

Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some...more

Recent Case Highlights Split of Authority on Whether Corporate Agreements Can Amend Employee Benefit Plans

by McDermott Will & Emery on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of...more

Using Federal Antitrust Law To Void Class Action Waivers

by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more

State Claims Related to Renewal of FEMA "Write Your Own" Floor Insurance Programs are Federally Preempted

by Katten Muchin Rosenman LLP on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit last week held that any state claim related to the Federal Emergency Management Agency’s (FEMA) “Write Your Own” (WYO) flood insurance program is preempted by federal law if it...more

Tenth Circuit Permits Trade Group Challenge to New Mexico Fair Credit Reporting Act

by BuckleySandler LLP on 5/14/2012

On May 7, the U.S. Court of Appeals for the Tenth Circuit published an opinion that a trade group has standing to sue the Attorney General of New Mexico over that state’s credit reporting and identify theft requirements....more

Employee’s Wage Deduction Claim Not Preempted By Federal Law, Court of Appeal Determines

by Barger & Wolen on 5/11/2012

In Sciborski v. Pacific Bell Directory, the California Court of Appeal, Fourth Appellate District, Division One, determined that an employee’s claims for wage deductions under California Labor Code 221 was not preempted by...more

Seventh Circuit Holds Pharmaceutical Reps Exempt Under Administrative Exemption

by Sheppard Mullin Richter & Hampton LLP on 5/11/2012

This week, the Seventh Circuit issued a decision in Schaffer-Larose v. Eli Lily & Company, in which it held that pharmaceutical reps are exempt under the FLSA's administrative exemption. This is separate from the issue...more

NJ in Mainstream on Generic Preemption

by Dechert LLP on 5/9/2012

We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing. There are two opinions. The first, In re Reglan...more

A Double Dose of Preemption

by Dechert LLP on 5/9/2012

In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more

More Thoughts On Bartlett

by Dechert LLP on 5/7/2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more

BLG Monthly Update, May 2012

by Neil Guthrie on 5/4/2012

Crucial commas, greasy chips and electronic contracts -- all this and more in the BLG Monthly Update for May 2012!...more

Iran-Related Investment Bill Clears Committee

by Barger & Wolen on 5/3/2012

On May 2, 2012, the California Assembly Insurance Committee approved a bill that would direct the insurance commissioner to treat a domestic insurer’s investment in a company that has business operations in Iran as a...more

Bartlett - Take It Up

by Dechert LLP on 5/3/2012

The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals in the country for defendants in prescription...more

Third Circuit Holds FLSA Collective Actions and State Law Class Actions Are Not Inherently Incompatible

by Cole Schotz on 5/2/2012

In the recent case of Knepper v. Rite Aid Corp., --- F.3d --- (3d Cir. 2012), the Third Circuit Court of Appeals joined the Second, Seventh, Ninth and D.C. Circuits in holding that Fair Labor Standards Act (“FLSA”) collective...more

Justices Seem Open To Upholding Ariz. Immigration Law

by Mintz Levin - Immigration on 5/1/2012

Originally published in Law360, New York (April 25, 2012, 4:53 PM ET) The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's...more

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Conflict of Laws Updates – May 21, 2012