Preemption

Supreme Court Upholds FCC Authority to Address Wireless Siting

by T. Scott Thompson | Davis Wright Tremaine LLP on 5/21/2013

The Supreme Court today issued its decision in City of Arlington v. FCC—the case challenging the FCC’s 2009 “Shot Clock” declaratory ruling. The Supreme Court affirmed the Fifth Circuit, holding that Chevron deference applies...more

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

by BuckleySandler LLP on 5/21/2013

On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta...more

Florida Medical Record Disclosure Law Preempted by HIPAA

by Jennifer S. Geetter, James Saling, Heather Egan Sussman | McDermott Will & Emery on 5/20/2013

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...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

En Banc Federal Circuit Issues Five Opinions in CLS Bank International v. Alice Corporation

by Paul Devinsky, Gregory Rabin | McDermott Will & Emery on 5/15/2013

The long-awaited decision held that method, computer-readable medium and system claims for technology related to “the management of risk relating to specified, yet unknown, future events” were not directed to patentable...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

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

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

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

CFPB issues first preemption determinations

by Barbara S. Mishkin | Ballard Spahr LLP on 4/29/2013

Last week, the CFPB issued final determinations as to whether certain Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration dates. The rulings represent the CFPB’s...more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination

by Leonard N. Chanin, Rick Fischer, Matthew W. Janiga, Obrea O. Poindexter | Morrison & Foerster LLP on 4/24/2013

On April 19, 2013, the Consumer Financial Protection Bureau (“CFPB”) announced it was making a determination to preempt a provision of Tennessee unclaimed property law that it deemed inconsistent with the federal Electronic...more

Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/18/2013

More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act. ...more

Federal Court Holds Local Law Preempted By ESA Settlement

by Ben Rubin | Nossaman LLP on 4/18/2013

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/17/2013

Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws. A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

by Wilson Sonsini Goodrich & Rosati on 4/16/2013

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

by Martin Dix, Julie Gallagher, Sheryl D. Rosen | Akerman Senterfitt on 4/12/2013

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Supreme Court Upholds FCC Authority to Address Wireless Siting

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

Florida Medical Record Disclosure Law Preempted by HIPAA

FDCA Express Preemption Victory in Benecol Misbranding Class Action

En Banc Federal Circuit Issues Five Opinions in CLS Bank International v. Alice Corporation

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

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

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

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

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

CFPB issues first preemption determinations

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination

Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

Federal Court Holds Local Law Preempted By ESA Settlement

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

Indiana Anti-Immigration Law Unconstitutional, Court Says

The NSMIA Didn’t Lay A Preemptive Finger On These Transactions

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

Indiana Bill Would Prevent Mandatory Local Attendance And Leave Policies

Ninth Circuit Holds Private Company Rules Preempt California Law

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

Expand Your Reach