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Conflict of Laws Updates

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Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more

Cannabis companies: Think twice about ‘Alternative Public Offerings’

by Thompson Coburn LLP on

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and...more

State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

by Farrell Fritz, P.C. on

The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when...more

Kentucky Federal Court Finds Subject-Matter Jurisdiction Has Not Been “Reverse Preempted” By Application Of Kentucky’s Insurers...

by Carlton Fields on

The question presented to the Court was “whether federal law has opened the door for state law to ‘reverse preempt’ the diversity jurisdiction statute.” The McCarran-Ferguson Act was enacted by Congress to prevent federal...more

Florida’s New Medical Marijuana Law and Telemedicine Exams

by Foley & Lardner LLP on

Following a special session, the Florida Legislature on June 9, 2017 passed two important bills regarding medical marijuana in the Sunshine State: SB 8A and SB 6A. Together, these bills implement Article X, section 29 of the...more

You Don’t Have to Dance the Patent Dance (Except Maybe in California)

Supreme Court Decides BPCIA “Patent Dance” Questions - The 2009 Biologics Price Competition & Innovation Act (BPCIA) provides an orderly process for manufacturers of generic biological drugs (called “biosimilars”) to...more

AG Sessions seeks repeal of Rohrabacher-Farr Amendment

by Thompson Coburn LLP on

Since the new Presidential administration took office late last year, the cannabis industry has received a mixed set of signals from this administration as to how it will treat the growing cannabis industry in relation to the...more

H.R. 1215: Lawmakers looking out for citizens will vote NO

When you read what I just read, you will have to ask yourself: why is my legislator in favor of House Resolution 1215 (HR 1215)?...more

The Patent Dance Is Optional

In Sandoz Inc. v. Amgen Inc., the Supreme Court brought greater certainty to two key issues relating to the “patent dance” under the Biologics Price Competition and Innovation Act (BPCIA). First, the Court held that where a...more

Supreme Court Decision Largely Favors Biosimilar Applicants

by Foley & Lardner LLP on

The U.S. Supreme Court rendered its first interpretations of the biosimilar patent dispute resolution procedures of the Biologics Price Competition and Innovation Act (BPCIA), ruling largely in favor of Sandoz on both issues...more

Food & Beverage Litigation Update | June 2017 #2

Seattle Approves Tax on SSB Distributors - The Seattle City Council has approved a tax on distributors of sugarsweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Out-of-Network Physician’s Claim Against Insurer Not Preempted by ERISA

The Second Circuit concluded that a promissory estoppel claim by an out-of-network provider against an insurer was not completely preempted by ERISA and thus remanded the claim to state court for further proceedings. The...more

[Acapulco] Gold* Rush for California Cannabis Trademarks Countdown to January 1, 2018

Last week the California Assembly passed Assembly Bill 64 (AB 64), an omnibus bill regarding medical and recreational marijuana, sending it to the State Senate for review....more

Healthcare Law Update: June 2017

by Holland & Knight LLP on

Medicaid - Florida's Medicaid Third-Party Liability Act Pre-empted by Federal Law - By Eddie Williams - In Gallardo v. Dudek, Sec. of Florida Agency for Health Care Administration, No. 4:16cv116-MW/CAS, 2017 WL...more

Corporate News – June 2017

by Hogan Lovells on

The Pre-Emption Group reports on the use of its Statement of Principles - The Pre-Emption Group, which represents listed companies, investors and intermediaries, has published a monitoring report looking at the use of its...more

Eastern District Of Pennsylvania Rules That State Law Claims Were Not Preempted By SLUSA

by Shearman & Sterling LLP on

On May 26, 2017, Judge Cynthia Rufe of the United States District Court for the Eastern District of Pennsylvania ruled that the plaintiffs’ state law claims against Vanguard Group, Inc. (“Vanguard”) were not preempted by the...more

Georgia Enacts New Laws Relating to Paid Sick Leave and Pay for Schedule Changes

by Jones Day on

On May 8, 2017, Georgia Governor Nathan Deal signed two employment-related laws, both of which become effective on July 1, 2017. First, he signed the employee-friendly Act 203 (S.B. 201). Under the new law, if an employer...more

Interpreting the renewed Rohrabacher-Farr Amendment: A loophole for enforcement?

by Thompson Coburn LLP on

In 2013, the U.S. federal government shut down while federal legislators debated about various political issues of the year. However, during that debate, an amendment was added to the final spending bill that stated as...more

The Battle Over Paid Sick Leave – Pittsburgh’s Paid Sick Leave Law Suffers Another Blow – Is Philadelphia Next?

by Fisher Phillips on

There have been many recent, important developments in the area of paid sick leave in Pennsylvania. Recently, the Commonwealth Court of Pennsylvania (the “Appeals Court”) affirmed the Court of Common Pleas of Allegheny...more

WPI Wage Watch: Minimum Wage and Overtime Updates (May Edition)

by Littler on

Just under halfway through 2017, minimum wage and overtime developments have shifted into overdrive. Proposals submitted by federal legislators from both sides of the aisle highlight the different approaches the country’s...more

Litigating trust matters in the federal courts (U.S.): A jurisdiction primer

by Charles E. Rounds, Jr. on

The diversity jurisdiction of the federal courts generally does not extend to state probate matters. However, this so-called “probate exception to federal diversity jurisdiction” does not apply to trust disputes. See...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

What Happens in Vegas Doesn’t Always Stay in Vegas: Considerations When Discovery of Privileged Communications Is Sought in a...

In most instances, discovery disputes over applicability of a privilege are litigated in the same jurisdiction where the privileged relationship arose, and the availability of that privilege is clear. But what happens when a...more

Efforts to Shore up MassHealth Should Favor Simplicity and Avoid Potential Conflict with Federal Law

In an effort to make up for a funding shortfall in the Commonwealth of Massachusetts’ Medicaid program, state policymakers have proposed solutions that include a “play-or-pay” option under which employers who fail to offer...more

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