Personal Injury Law | JD Supra Legal News, Updates, Analysis, & Information

A Double Dose of Preemption

by Dechert LLP on 5/9/2012

In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more

Product Liability Update -- April 2012

by Foley Hoag LLP on 4/19/2012

In This Issue: *United States Supreme Court Holds Federal Locomotive Inspection Act Preempts Entire Field of Regulating Locomotive Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based...more

Pa. Appellate Court Issues Opinion in Dietz v. Chase Home Finance, LLC, Clarifying Preemption of State Common Law Claims by Fair...

by Duane Morris LLP on 4/16/2012

The decision in Dietz is one of first impression in the Pennsylvania appellate courts and essentially forecloses would-be plaintiffs from asserting common law claims against creditors based on incorrect credit reporting,...more

Putting It All Together

by Dechert LLP on 3/30/2012

Our first reaction upon reading Metz v. Wyeth, 2012 U.S. Dist. Lexis 42432 (M.D. Fla. March 28, 2012), is boy, this case has a little of everything! After it was over, the plaintiffs must have felt a little like the French...more

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

by Morrison & Foerster LLP on 3/22/2012

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

US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA

by Littler on 3/7/2012

In Marmet Health Care Center, Inc. v. Brown, the Supreme Court of the United States (SCOTUS) overruled the West Virginia Supreme Court’s refusal to enforce a predispute arbitration agreement governed by the Federal...more

If in Doubt, File the Complaint for Limitation of Liability

by King, Krebs & Jurgens, PLLC on 2/24/2012

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more

Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court

by Ford & Harrison LLP on 2/22/2012

On February 21, 2012, the U.S. Supreme Court, in a Per Curiam opinion, reinforced the preemption of the Federal Arbitration Act (FAA) with respect to all arbitration agreements governed by the statute. See Marmet Health...more

Second Circuit Explains Its Decision Reversing the Grant of Injunction To Enforce $18 Billion Award Against Chevron

by Cadwalader, Wickersham & Taft LLP on 2/2/2012

Chevron Corp. v. Hugo Gerardo Camacho Naranjo, et al., No. 11-1150-cv(L), is the Second Circuit’s decision explaining its ruling ealier in 2011 to reverse the District Court’s grant of a preliminary injunction...more

How Plaintiffs are Playing their “Unfortunate Hand”: the Impact of PLIVA v. Mensing on Personal Injury Claims against Generic Drug...

by Duane Morris LLP on 1/24/2012

Seven months ago, the U.S. Supreme Court issued a landmark decision finding that claims by injured plaintiffs alleging that generic drug manufacturers failed to warn adequately of the risks of their products are preempted,...more

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Personal Injury – May 24, 2012

Narrowed by: Conflict of Laws

A Double Dose of Preemption

Product Liability Update -- April 2012

Pa. Appellate Court Issues Opinion in Dietz v. Chase Home Finance, LLC, Clarifying Preemption of State Common Law Claims by Fair...

Putting It All Together

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

US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA

If in Doubt, File the Complaint for Limitation of Liability

Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court

Second Circuit Explains Its Decision Reversing the Grant of Injunction To Enforce $18 Billion Award Against Chevron

How Plaintiffs are Playing their “Unfortunate Hand”: the Impact of PLIVA v. Mensing on Personal Injury Claims against Generic Drug...

Pennsylvania District Court Denies Motion to Dismiss and for a More Definite Statement

Two New PMA Preemption Cases

Illinois Wrongful Death Suit Spotlights Complicated Text Messaging Laws

Turkey, Mashed Potatoes and a Dollop of Preemption

Options for Suing the Federal Government Under Bivens Unlikely to Expand

Expand Your Reach