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The ERISA Litigation Newsletter - April 2016

Editor's Overview - This month we feature three key developments. First, we review the U.S. Supreme Court's decision in Gobeille v. Liberty Mut. Ins. Co., 136 S. Ct. 936, 947 (2016) wherein the Supreme Court held that a...more

New York’s Highest Court Enforces Arbitration Provision in California Workers’ Compensation Insurance Agreement, Rejecting...

A recent ruling by the New York State Court of Appeals underscores the Federal Arbitration Act’s(“FAA”) strong policy favoring enforcement of arbitration agreements—even in the insurance industry and despite federal policy...more

Sign O’ The Times: SCOTUS Denies Cert In Franchise Arbitration Dispute

On Monday of this week, after stringing the parties along for five months, SCOTUS denied cert in a case involving the intersection between arbitration and franchise regulation. The petition was filed in November of 2015,...more

Federal Preemption of State and Local Laws Governing Children's Products

In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Ever-Expanding Safe Harbor Leaves Creditors’ Claims Stranded at Sea

Second Circuit holds that Bankruptcy Code preempts creditors’ state law constructive fraud claims. On March 29, 2016, the Second Circuit issued its opinion in In re Tribune Company Fraudulent Conveyance Litig.,...more

Financial Services Quarterly Report - First Quarter 2016: Northstar Decision on Remand: U.S. District Court Holds SLUSA Precludes...

In a complete victory for Defendants, on February 23, 2016, a federal district court dismissed with prejudice the final remaining claims in Northstar Financial Advisors, Inc. v. Schwab Investments et. al., which had been...more

Supreme Court Reaffirms ERISA’s Preemptive Effect as It Overturns State Health Care Law

In Gobeille v. Liberty Mutual Insurance, the Supreme Court overturned a Vermont law requiring ERISA plans to disclose health payments to the state’s “All Payer Database.” The Court determined that reporting requirements are a...more

Madden Update – Petition Request Bodes Well for High Court Review but Raises New Questions

The US Supreme Court’s recent request for an opinion from the US Solicitor General to help inform the Court’s decision on whether to review the Second Circuit’s decision in Madden v. Midland Funding, LLC indicates that the...more

Florida Issues Ethics Guidance for Accountants Advising Marijuana Businesses

The Florida Board of Accountancy recently joined a small group of states in issuing guidance on whether providing accounting services to a marijuana related business violates an accountant's ethical requirements. The Board...more

Southern District of New York Weighs In on Preemption Under the Dodd-Frank Act

In Edwards v. Macy’s, Inc., — F. Supp. 3d —, 2016 WL 922221 (S.D.N.Y. Mar. 9, 2016), the U.S. District Court for the Southern District of New York recently held that state law claims arising from plaintiff’s enrollment in a...more

U.S. Supreme Court Ruling Upholds Arbitration Over Class Action Litigation

SUPREME COURT UPHOLDS CLASS ARBITRATION WAIVERS - With its ruling on December 14, 2015, the Supreme Court continues to protect arbitration as a means of dispute resolution by cracking down on attempts to circumvent the...more

Think Mink, part 2: Florida Federal Court Slams Door on Parallel Claims

Last November we blogged about "specialized" preemption issues in several cases, including Mink v. Smith & Nephew, Inc., 2015 WL 7356285 (S.D. Fla. Nov. 19, 1015). The plaintiff in Mink claimed physical injuries from a...more

Cannabis investing—a safe high?

The successive legalization of adult recreational use of marijuana in four states—Colorado, Washington, Oregon and Alaska—and the District of Columbia, as well as legalization of marijuana for medical use to varying degrees...more

New York Court Of Appeals Finds Mccarran Ferguson Act Does Not Reverse Preempt The FAA With Respect To California Insurance Code §...

In an action to compel arbitration under payment agreements entered into between National Union and its insured, the New York Court of Appeals held the determination of arbitrability was not barred by the McCarran Ferguson...more

Menu Labeling: New York’s Salt Disclosures Temporarily Stayed

A day before new sodium labeling regulations were set to take effect in New York City, a New York state appeals court granted a temporary stay, pausing the implementation and enforcement of the new requirements. Under the...more

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

Have Your Cake and Eat It, Too? Handbook Contract Disclaimers & Mandatory Arbitration Policies

A New Jersey court recently used the so-called contract “disclaimer” language in an employer’s handbook to preclude the employer from enforcing a mandatory arbitration program contained in that same handbook. The court’s...more

Madden Tells SCOTUS That Marketplace Lenders Should Not Worry About Madden

As the Marketplace Lending (MPL) industry gears up for the upcoming conference trifecta – ABS Vegas, AltFi Europe and LendIt USA 2016, the effect of the Midland Funding, LLC et al. v. Saliha Madden case and its pending appeal...more

Article: February 2016: Class Action Litigation Update: Supreme Court Upholds Arbitration Agreement in DIRECTV Case.

The Supreme Court recently added another decision to a growing body of law reversing state courts for refusing to enforce arbitration agreements. The decision, DIRECTV v. Imburgia, 135 S. Ct. 1547 (2015), concerned the...more

The InterConnect Flash! No. 53 - February 2016

2 Steps Back — First Circuit Could Have Done More for the Independent Contractor Business Model - Approximately one year ago in FLASH No. 46, we wrote about Massachusetts District Court Judge Robert G. Stearns’ industry...more

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

2016 Emerging Issues in the Children's Products Industry

Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the...more

New York Federal Bankruptcy Court Finds Insurance Insolvency Proceeding Does Not “Reverse – Preempt” Bankruptcy Court Jurisdiction

In a recent adversary proceeding in the chapter 11 case involving Ames Department Stores, Inc. (“Ames”), Lumbermens Mutual Casualty Company (“Lumbermen’s”) argued that under the McCarran-Ferguson Act, the issues in dispute...more

Top 10 Trade Secrets and Unfair Competition Developments

There were several noteworthy developments in 2015 in the area of trade secrets and unfair competition. This post focuses on developments affecting California employers. Due to the unsettled nature of some of the law, this...more

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