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Administrative Agency Civil Remedies Conflict of Laws

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Texas District Court Enjoins Federal Gender Identity Protection Of Students

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Supreme Court Decides Sturgeon v. Frost

by Faegre Baker Daniels on

On March 22, 2016, the Supreme Court of the United States decided Sturgeon v. Frost, No. 14-1209, vacating a decision of the Ninth Circuit and leaving open the possibility that Section 103(c) of the Alaska National Interest...more

Massachusetts Challenges Regulation A+

On May 22, 2015, William F. Galvin, the Secretary of the Commonwealth of Massachusetts, filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit seeking court review of the portion of...more

POM Wonderful: The New Prescription for False Advertising

by Lane Powell PC on

The ability of private parties to pursue mislabelling claims depends on whether allowing such claims to proceed would conflict with the purpose and intent of federal labelling laws and implementing regulations, such as those...more

Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims

by Morrison & Foerster LLP on

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are...

The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more

US Federal Trade Commission ruling that POM Wonderful Makes False Advertising Claims

by JD Supra Perspectives on

Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more

POM Wonderful LLC, v. The Coca-Cola Company

Ninth Circuit Court of Appeals ruling in POM Wonderful LLC, v. The Coca-Cola CompanyNot Applicable

by JD Supra Perspectives on

Full text copy of the US Court of Appeals for the Ninth Circuit decision dismissing POM Wonderful’s Latham Act false advertising claims against Coca-Cola for the labeling used to describe its Minute Maid Pomegranate Blueberry...more

NLRB Notice Posting Saga Continues: Federal Court Blocks Board's Rule

he National Labor Relations Board’s notice posting rule has been under fire since it was issued last year. In the past few months, the rule has garnered significant attention in courts around the country. The rule would...more

Court of Appeals Enjoins Implementation of NLRB Rule Regarding Notices About Workers’ Rights April 19, 2012

by Foley Hoag LLP on

On August 25, 2011, the National Labor Relations Board (“NLRB”) implemented a rule requiring virtually all private employers in the United States to post a notice about workers’ rights under the National Labor Relations Act...more

FLSA Decertification: District Courts Write Largely On A Blank Slate

Without any U.S. Supreme Court guidance, and little to none from the Circuit Courts, the trial courts facing FLSA decertification motions are making up their rulings mostly from scratch, and the results are all over the map. ...more

California Court of Appeals Finds Advisory Circulars Fail to Create Supremacy Clause Preemption

by Morrison & Foerster LLP on

On March 20, 2012, the California Court of Appeal Second District held that nonmandatory safety standards issued by the FAA in Advisory Circulars do not preempt state tort law on the standard of care. Sierra Pacific Holdings,...more

Clean Water Act Orders Subject to Pre-Enforcement Review

by Morgan Lewis on

Supreme Court decision determines that the Clean Water Act's statutory scheme does not preclude judicial review of EPA's jurisdiction in enforcement cases. In a much-anticipated decision, Sackett v. EPA, 566 U.S. ______...more

Court Affirms Injunction Against NJ Unclaimed Property Law

In 2010, New Jersey’s unclaimed property statute was amended to provide for the custodial escheat of stored value cards (“SVCs”).  The New Jersey Retail Merchants Association, the New Jersey Food...more

Class Action Complaint on 100% Natural Oil Dismissed

by Dechert LLP on

A federal court recently dismissed a proposed class action accusing a food company of misleadingly labeling cooking oils as 100% natural when they allegedly were made from genetically modified plants. Robert Briseno, et al....more

Chew on This: Consumer Fraud Claim on Snack Bars Preempted

by Dechert LLP on

The Seventh Circuit ruled earlier this month that federal food labeling law expressly preempts state law claims seeking certain additional health-related disclosures on chewy bars. Turek v. General Mills Inc., No. 10-3267...more

False Claims Act Quarterly, Fall 2011

by Epstein Becker & Green on

In This Issue: U.S. SUPREME COURT DECLINES TO SETTLE CIRCUIT SPLIT ON IMPACT OF FAILURE TO FOLLOW FCA'S FILING-UNDER-SEAL PROCEDURES The Supreme Court of the United States on June 27, 2011, denied certiorari in U.S....more

Generic Drug Makers Protected from Failure to Warn Claims

by Morrison & Foerster LLP on

In a surprising decision that could affect thousands of pending lawsuits, the Supreme Court held today that federal law preempts failure to warn claims against generic pharmaceutical companies. Justice Thomas delivered the...more

Utah Preemption Split Deepens

by Dechert LLP on

We've blogged before about the split among Utah courts about whether Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), preempts the fraud on the FDA exception to Utah's statutory bar (Utah Code Ann. §78B-8-203)...more

Weekly Law Resume - December 30, 2010: Federal Preemption Expanded as to State Law Product Liability Claims Involving Medical...

by Low, Ball & Lynch on

This case considered the scope of federal preemption of state law product liability claims involving a medical device. The court held that for a medical device that has been approved for clinical testing pursuant to an...more

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