Commercial Law & Contracts, Administrative Law, Conflict of Laws

Medical Marijuana Dispensaries Are Now Operating in Arizona

by Neil Alexander, Kristy Peters | Littler on 12/13/2012

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

Generic Drug Law Update -- November 2012: New Bill Seeks to Expand Manufacturers Post-Sale Pharmacovigilance Duties

by Sedgwick LLP on 11/14/2012

Democratic legislators in both houses of Congress introduced legislation that seeks to reverse the U.S. Supreme Court’s recent decision in PLIVA, Inc. v. Mensing, 131 S.Ct. 2567 (2011), which bars state law tort suits against...more

Federal District Court Holds Ohio Post-Repossession Notice Requirements Not Preempted

by BuckleySandler LLP on 11/3/2012

On October 17, the U.S. District Court for the Northern District of Ohio held that the post-repossession notice requirements in the Ohio Retail Installment Sales Act (RISA) and the Ohio Uniform Commercial Code (OUCC) were not...more

ABA seeks broad CFPB preemption ruling

by Ballard Spahr LLP on 10/29/2012

In August, the CFPB issued a notice seeking public comment on its plans to determine whether certain provisions of Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration...more

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

by Franczek Radelet P.C. on 9/24/2012

In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more

Missouri District Court Holds State Funds Transfer Act Preempts Certain Customer Indemnity Agreements

by BuckleySandler LLP on 9/4/2012

On August 20, the U.S. District Court for the Western District of Missouri dismissed a bank’s counterclaims that its customer’s agreement to indemnify the bank for any losses, costs, or expenses covers the customer’s losses...more

CFPB to Determine Whether CARD Act Preempts State Unclaimed Property Laws

by Loeb & Loeb LLP on 9/4/2012

The Consumer Financial Protection Bureau (CFPB) recently announced its intention to consider and address requests made by the Maine Office of the State Treasurer and payment card industry representatives to determine whether...more

New Jersey Legislature Amends Stored Value Card Abandonment Law

by Proskauer - Privacy & Data Security on 8/30/2012

On June 29, 2012, New Jersey Governor Chris Christie signed into law legislation amending New Jersey’s unclaimed property law relating to the escheat of abandoned stored value cards (SVCs) to the state. Under the...more

Summary of CFPB Notice of Intent for Gift Card Preemption Determinations

by Morrison & Foerster LLP on 8/27/2012

On August 21, 2012, the Consumer Financial Protection Bureau (“CFPB”) published a notice of intent to make a preemption determination on whether provisions of abandoned property laws in Maine and Tennessee relating to gift...more

CFPB Seeks Input on Conflict Between State and Federal Gift Card Laws

by BuckleySandler LLP on 8/21/2012

On August 16, the CFPB issued a Notice that it intends to make a preemption determination with regard to two state gift card laws. The CFPB is seeking public comment to inform its response to requests that the CFPB address...more

CFPB to make first preemption determinations

by Ballard Spahr LLP on 8/20/2012

The CFPB intends to determine whether certain provisions of Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration dates. The CFPB’s rulings will represent the agency’s...more

TUPE: Service Provision Change - Do we need this provision?

by Pillsbury Global Sourcing Practice on 7/27/2012

Under the previous 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) and the EU Acquired Rights Directive (ARD) it was not clear whether the definition of a relevant transfer caught...more

BLG Monthly Update for June 2012

by Neil Guthrie on 6/11/2012

Bad prison food, compensation for sex on the job and neat contracts cases: all this and more in the BLG Monthly Update for June 2012!...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

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

New York Appellate Court Holds that Federal Law Does Not Preempt State Contract and Consumer Protection Laws in Gift Card Suit

by BuckleySandler LLP on 4/30/2012

On April 17, 2012, the Appellate Division of the New York Supreme Court held that federal laws and regulations do not preempt state contract and consumer protection laws, reversing an earlier trial court decision dismissing a...more

Fourth Circuit Holds State Debt Collection Law Not Preempted by National Banking Act

by BuckleySandler LLP on 4/17/2012

On April 5, the Fourth Circuit held that the National Bank Act (NBA) did not preempt the Maryland Credit Grantor Closed End Credit Provisions (CLEC). Epps v. JP Morgan Chase Bank, No. 10-2444, 2012 WL 1134065 (4th Cir. Apr....more

How will the West Virginia Court rule in the wake of Concepcion and Marmet?

by Spilman Thomas & Battle, PLLC on 4/13/2012

Over the past decade, arbitration under the Federal Arbitration Act1 (“FAA”) has been the subject of much debate and discussion among courts across the United States, including both the West Virginia Supreme Court of Appeals...more

State-by-State Differences in Retailer Enforcement

by Sheppard Mullin Richter & Hampton LLP on 3/19/2012

Welcome to the next monthly installment in FDA's enforcement of regulated tobacco products. This month we will examine some of the differences found between different states in FDA enforcement actions against...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

The Download: Developments In E-Commerce, Privacy, Internet Advertising, Marketing And Information Services Law And Policy –...

by Venable LLP on 1/31/2012

Special Report: Third Circuit NJ Gift Card Law Ruling: New Jersey Retail Merchants Association v. Sidamon-Eristoff If you issue or sell “stored value cards,” colloquially referred to as “gift cards,” in the state of...more

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Commercial Law & Contracts › Administrative Law › Conflict of Laws