News & Analysis as of

Preemption

Airline Passenger Mistreatment Claim Dismissed

by Benesch on

Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more

Media Law Bulletin: “All I’ve Got Is a Photograph” — Copyright Law’s Preemption of Right of Publicity Claims

by Sedgwick LLP on

The names and likenesses of celebrities, athletes and other public figures can be extremely valuable, as evidenced by the premium prices paid by many companies for celebrity endorsements and celebrity-branded goods. Think...more

Illinois District Court Rejects Federal Preemption Challenges to State Zero-Emissions Credit Program

by K&L Gates LLP on

On July 14, 2017, the U.S. District Court for the Northern District of Illinois issued an opinion dismissing challenges to the state of Illinois’ zero-emissions credit (“ZEC”) program. Illinois’ ZECs are tradable credits...more

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

by Winstead PC on

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

Shares of Foreign Subsidiaries

by Allen Matkins on

I expect that little or no thought is given to the possible application of California’s Corporate Securities Law of 1968 when a corporation incorporates a subsidiary under the laws of a foreign country. However, the issuance...more

Another trade group seeks federal preemption guidance from ED

by Ballard Spahr LLP on

The National Council of Higher Education Resources (NCHER), a national trade association representing higher education finance organizations, has written to the Department of Education urging the ED to issue preemption...more

STB Jurisdiction Over Intrastate Passenger Rail

by Nossaman LLP on

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Sixth Circuit Vacates FCC Cable Franchise Rules on Mixed-Use Networks and Treatment of In-Kind Payments, Remands for Further FCC...

by Davis Wright Tremaine LLP on

On July 12, 2017, the U.S. Court of Appeals for the Sixth Circuit vacated two parts of the Federal Communications Commission’s decisions that had limited the ability of local franchising authorities (LFAs) to regulate...more

Multi-level Encryption Patent Survives § 101 Challenge in District Court

by Knobbe Martens on

On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by TecSec, Inc. (“TecSec”) are invalid...more

SDNY Brushes Away Presumption Against Preemption and Stays Class Action Via Primary Jurisdiction

by Reed Smith on

We depend on young associates to perform most of the legal research that supports the arguments we make on behalf of our clients. By and large, those associates do an excellent job. On those rare occasions when we find...more

Auto Industry Rooting for More Federal Legislation?

by Foley & Lardner LLP on

Any industry pushing for more regulation is a rarity. But auto industry representatives are urging lawmakers to create more federal regulation for self-driving cars. The belief is that federal laws will provide more...more

Ninth Circuit Panel Rejects Challenges to a California City’s Misleading Commercial Speech Ordinance - Local Governments’...

by Best Best & Krieger LLP on

Recently, the U.S. Ninth Circuit Court of Appeals affirmed local governments’ authority to adopt regulations that prevent the use of false or misleading statements in the solicitation or provision of services....more

FDA’s Denial of Citizen’s Petition “Clear” Enough for Preemption of Failure-to-Warn Claims

The Tenth Circuit recently upheld a Utah district court’s finding that a branded drug manufacturer could not be held liable for failing to warn consumers about alleged birth defect risks when the FDA had previously rejected a...more

Predictable Work Schedules: Oregon Blazes a Trail

by Garvey Schubert Barer on

Oregon is poised to become the first state in the country to require larger food service, retail and hospitality employers to provide their hourly workers predictable schedules – or to pay the price. This is the second of two...more

Nevada HOA Super-Priority Litigation Update: Nevada Supreme Court Rules in Favor of Lenders on Standing Issue

The Government-Sponsored Enterprises (GSEs) and their servicers scored a significant victory last week in the Nevada Supreme Court. In Nationstar Mortgage, LLC v. SFR Investments Pool 1, LLC (Case No. 69400), the court held...more

ERISA Newsletter - Second Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - Welcome once again to Proskauer's newly revamped ERISA Newsletter. As a reminder, readers can obtain the information in this Newsletter as it is published on our blog. Our featured article this...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Jersey City’s PLA Ordinance Found Preempted by NLRA and ERISA and Void Ab Initio

by Genova Burns LLC on

On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

by Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Trade association asks ED to confirm preemption of state student loan servicing requirements for federal student loans

by Ballard Spahr LLP on

Education Finance Council, a national trade association representing state-based nonprofit higher education finance organizations, has asked the Department of Education to “publicly state” that the ED’s rules governing...more

California Lags Behind The SEC In Permitting Testing Of The Waters In Regulation A Offerings

by Allen Matkins on

In 2015, the Securities and Exchange Commission adopted amendments to Regulation A and other rules and forms to implement Section 401 of the Jumpstart Our Business Startups (JOBS) Act. One significant enhancement to...more

Amgen v. Sandoz: Sandoz Requests Remand to District Court

by Goodwin on

As we have previously reported, on June 12, 2017, the Supreme Court issued a unanimous opinion in Amgen v. Sandoz holding that notice of commercial marketing may be given prior to FDA approval. The Court also held that no...more

State And Local Governments To Congress Re: Drones –The Times, They Are A-Changin’

by Fox Rothschild LLP on

Unless this is your first visit to our blog (and if it is, welcome), you know that we have addressed the tension between the federal government vs. state and local governments regarding regulating drones on several occasions....more

California anti-arbitration law nears passage

by Ballard Spahr LLP on

California’s legislative effort to allow consumers to sue financial institutions for fraud even though they have agreed to arbitrate such disputes passed the Assembly Judiciary Committee this week and is expected to pass the...more

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

by Beveridge & Diamond PC on

Under the 2016 TSCA amendments, risk evaluation is the critical step toward EPA banning or restricting chemicals, or else determining that they will not be regulated. As required by those amendments, EPA has promulgated a...more

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Cybersecurity

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