Conflict of Laws

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 20, 2013

Federal Court Holds Local Law Preempted By ESA Settlement

by Ben Rubin | Nossaman LLP on 4/18/2013

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

Appeals Court Decision Creates Circuit Split and Confusion Surrounding Post-Settlement Appeals of Class Certification Denials

by Christian Sheehan | Schnader Harrison Segal & Lewis LLP on 3/4/2013

If a court denies class certification, may the named plaintiff settle the case while still keeping the class certification issue alive for appeal? The recent decision in Ruppert v. Principal Life Insurance Company, No....more

SCOTUS Will Decide Whether Rule 68 Offers Moot FLSA Collective Actions

by Orrick - Global Employment Law Group on 7/30/2012

The U.S. Supreme Court granted cert on June 25, 2012 in Genesis Healthcare Corp. v. Symczyk to resolve a federal circuit split on whether an FLSA collective action is mooted when the lone plaintiff receives from defendants an...more

Court Affirms Injunction Against NJ Unclaimed Property Law

by McNees Wallace & Nurick LLC on 2/23/2012

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

Options for Suing the Federal Government Under Bivens Unlikely to Expand

by Jeff Ifrah on 11/9/2011

In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On...more

Corporatize Corruption

by Monica Lakhanpal on 8/11/2011

Corporatize Corruption: Its a win win situation for all concerned, our government stands to gain by way of taxes from the government officials which opens up the largest segment for earning tax, the officials stand to gain by...more

Federalism And Tort Reform

by Dechert LLP on 5/31/2011

On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 16, 2011

by Loeb & Loeb LLP on 2/17/2011

Table of Contents • Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD • Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD, USDC W.D. Washington,...more

Analysis: Federal Court Suspends Colorado Use Tax Reporting Requirements; Neutral Forum Reinvigorates Quill

by McDermott Will & Emery on 2/2/2011

A federal district court recently granted a motion for preliminary injunction filed by The Direct Marketing Association, thereby enjoining the Colorado Department of Revenue from enforcing its sales and use tax notification...more

Immigration Alert: Federal Court Issues Preliminary Injunction Against the Most Controversial Sections of Arizona Immigration Law

by Mintz Levin - Immigration on 7/30/2010

In April 2010, the Arizona State Legislature passed and Governor Janice K. Brewer signed into law Arizona Senate Bill 1070 in an effort to deal with illegal immigration, escalating drug and human trafficking, and other public...more