News & Analysis as of

Preemption › Breach of Implied Contract

Nutter McClennen & Fish LLP

Product Liability 2022 Year in Review

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Massachusetts federal and state courts issued several important product liability decisions in 2022. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Nutter McClennen & Fish LLP on

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Neal, Gerber & Eisenberg LLP

Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois

Neal, Gerber & Eisenberg LLP on

I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting:  surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more

Holland & Knight LLP

Federal Circuit Courts Affirm ADA Preemption of State Law Claims Challenging Air Ambulance Prices

Holland & Knight LLP on

The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more

Nutter McClennen & Fish LLP

Product Liability: 2017 Year in Review

Nutter McClennen & Fish LLP on

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

Shook, Hardy & Bacon L.L.P.

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

Shook, Hardy & Bacon L.L.P. on

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

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