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Contractors Preemption

Poyner Spruill LLP

State Statute Trumped by Federal Arbitration Act

Poyner Spruill LLP on

To protect contractors and subcontractors working on North Carolina construction projects, state law prohibits the enforcement of any agreement subjecting the parties exclusively to the laws of another state or making the...more

Clark Hill PLC

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Clark Hill PLC on

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review California Rule Invalidating Contractor Arbitration Agreements

On October 1, the U.S. Supreme Court agreed to hear the appeal of a company whose mandatory arbitration agreements with its contractors were deemed invalid by California state courts. Once again, the Court will determine...more

Snell & Wilmer

Taxation on Indian Reservations: To Balance or Not to Balance, That Is the Question

Snell & Wilmer on

Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more

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