Conflict of Laws Updates

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 19, 2013

Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania
Appeal Trial Court - What To Do When a Party Loses or is Unhappy with a Decision Made by the Trial Court - Kathi Sandweiss discuss
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy

Idaho Enacts Law Declaring The State Has Primacy Over Resident Fish And Wildlife

by Paul Weiland | Nossaman LLP on 5/17/2013

The State of Idaho enacted a law this spring asserting that the State has “primacy over the management of fish and wildlife.”...more

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

FDCA Express Preemption Victory in Benecol Misbranding Class Action

by Maya Ingram, Claudia Vetesi | Morrison & Foerster - Private Surgeon... on 5/17/2013

A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more

Update: Banking Difficulties May Lead Marijuana Dispensaries to Commit Bank Fraud

by Fuerst Ittleman David & Joseph, PL on 5/16/2013

As we have previously reported, despite the growing number of States that have sanctioned the use of marijuana in various forms, the federal government has continued its efforts to crack down on dispensaries....more

What Gay Couples Can Expect If DOMA Falls

by Ronald Shapiro on 5/15/2013

The U.S. Supreme Court is expected to rule on a challenge to the federal Defense of Marriage Act (“DOMA”) before its summer recess, and legal experts are already in disarray over what the ruling could mean for same-sex...more

Privacy Litigation Alert: California Court Dismisses Attorney General's Mobile App Privacy Suit Against Delta, Offers Little...

by David Marty, Tyler G. Newby | Fenwick & West LLP on 5/15/2013

A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based...more

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/10/2013

In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking,...more

Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms

by Bram Hanono, Jennifer Redmond, John Stigi | Sheppard Mullin Richter & Hampton LLP on 5/10/2013

In McDaniel v. Wells Fargo Investments, LLC, Nos. 11-17017, 11-55859, 11-55943, 11-55958, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class...more

N.Y. Appellate Division Affirms Zoning Ordinance Banning Hydraulic Fracturing

by Martin Eide, Earl L. Hagström, Gregory Lahr | Sedgwick LLP on 5/9/2013

Sedgwick’s Hydraulic Fracturing Task Force has been watching the ongoing litigation involving hydraulic fracturing (fracking) bans in the towns of Dryden and Middlefield, N.Y. In February 2012 we reported on the Supreme...more

California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana

by Mona G. Ebrahimi, Jonathan Hobbs | Kronick, Moskovitz, Tiedemann & Girard on 5/9/2013

The California Supreme Court recently resolved the issue of whether a city could enact zoning ordinances prohibiting and banning medical marijuana dispensaries. The Supreme Court held that state medical marijuana laws do not...more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

by Jessica Goldenberg | Proskauer - Privacy & Data Security on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

California Cities And Counties Can “Just Say No” To Medical Marijuana Dispensaries

by Marc Bruner, Alan Murphy | Perkins Coie on 5/8/2013

The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a...more

New York Court Upholds Local Hydraulic Fracturing and Oil and Gas Development Bans

by Cassie J. Dallas | BakerHostetler on 5/8/2013

Last Friday, a four judge panel of a New York appeals court upheld two local zoning laws that prohibit activities related to oil and gas exploration and development, including hydraulic fracturing. The decisions in Norse...more

Off-Duty Pot Smoker Gets Rolled In New Court Of Appeals Case

by Sean Gallagher | Polsinelli on 5/8/2013

On April 25, 2013, the Colorado Court of Appeals held that the Colorado Lawful Activity statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. But one...more

California Supreme Court Recognizes Local Authority in Medical Marijuana Case - Decision Likely to Have Far-Reaching Impacts on...

by Jeffrey Dunn | Best Best & Krieger LLP on 5/8/2013

In an unanimous opinion, the California Supreme Court has upheld local laws that regulate or prohibit medical marijuana dispensaries....more

Employee’s Firing over Off-Duty Medical Marijuana Use Is Legal, Colorado Court Holds

by Erin Clarke, Leslie Eaton | Ballard Spahr LLP on 5/7/2013

The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the...more

Making A Statement: The Two Faces Of Janus In The SDNY

by Justin Bagdady, Richard A. Martin | Orrick - Securities Litigation and Regulatory... on 5/7/2013

Almost two years after the Supreme Court issued its momentous decision in Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011), lower courts continue to reach significantly different conclusions...more

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

by Joshua Threadcraft | Burr & Forman on 5/7/2013

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

EEOC Makes Protecting Rights Of LGBT Workers A Top Priority

by Albert Llosas Barrueco | Pepper Hamilton LLP on 5/7/2013

As the debate over gay marriage continues to intensify throughout the country, so does the issue of workplace rights for the lesbian, gay, bisexual and transgender (LGBT) community. LGBT workers currently face substantial...more

CFPB Issues Final Preemption Determination For Maine, Tennessee Unclaimed Gift Card Laws

by BuckleySandler LLP on 5/6/2013

On April 19, the CFPB issued a final preemption determination regarding whether the Electronic Fund Transfer Act (EFTA) and Regulation E preempt certain unclaimed gift card laws in Maine and Tennessee. The EFTA, as...more

Spotlight on Unclaimed Property: CFPB Rules That Federal Law Preempts Tennessee's Unclaimed Property Statute Applicable to Gift...

by Baker, Donelson, Bearman, Caldwell &... on 5/6/2013

In its first preemption determination, on April 19, 2013, the Consumer Financial Protection Bureau (CFPB) ruled that Tennessee's unclaimed property statute provisions applicable to gift cards are preempted by federal law. The...more

NJ Court Upholds Citywide Business Curfew

by Robert Levy on 5/6/2013

NJ Court Upholds Citywide Business Curfew by Robert Levy on May 6, 2013 Most businesses in Camden, N.J. must continue to shutter their doors at 11 p.m. Plaintiffs, including 7-Eleven, recently lost a lawsuit challenging...more

BLG Monthly Update for May 2013

by Neil Guthrie on 5/6/2013

Privacy, data breaches, texting, a bit of golf law and more in the BLG Monthly Update for May 2013...more

Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

by Jacob Arechiga, Steven Dimitt, Michael Knapek, Peter Wahl | Jackson Walker on 5/3/2013

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location...more

California Supreme Court Allows Class Actions for Local Tax Refunds - Class Actions Allowed Despite Local Ordinances Banning Them

by Michael M. Mullins, William Priest, Kelly Salt | Best Best & Krieger LLP on 5/3/2013

The California Supreme Court recently ruled that local tax refund claims may be pursued as class actions, even where a city has an existing ordinance prohibiting such claims. The ruling is broad enough to expose local...more

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