News & Analysis as of

Preemption Failure To State A Claim

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Retroactivity and Recalls

This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more

A&O Shearman

Second Circuit Affirms District Court’s Denial Of Motions To Remand, Finding That Removal Prior To Service Of The Complaints Was...

A&O Shearman on

On March 26, 2019, the United States Court of Appeals for the Second Circuit affirmed the removal and dismissal of claims brought against two pharmaceutical companies. Gibbons v. Bristol-Myers Squibb Company and Pfizer Inc.,...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Affirms Dismissal of ERISA Claims Against Health Insurers

The Ninth Circuit agreed that the employer-members of Montana’s Chamber of Commerce failed to state a claim for breach of fiduciary duty under ERISA § 502(a)(2) and violations of ERISA’s prohibited transaction rules under...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Holland & Knight LLP

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

Holland & Knight LLP on

In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

McDermott Will & Emery

New Delaware Unclaimed Property Decision Further Complicates Landscape

McDermott Will & Emery on

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

Proskauer - Corporate Defense and Disputes

Petrobras Rulings on SLUSA Preemption and Brazilian-Law Damages

In re Petrobras Securities Litigation continues to produce interesting developments – this time on SLUSA preemption and Brazilian law. On March 12, 2016, the U.S. District Court for the Southern District of New York held...more

Jackson Walker

Davidson v. Henkel — What’s Going On With Nonqualified Deferred Compensation Plans and FICA

Jackson Walker on

In This Presentation: - Davidson v. Henkel Corp. - The Parties - NQ Plan - The Plan’s Tax Clauses - Davidson’s Pre-Retirement Counseling - 2011 Compliance Review and Letter - Henkel’s Tax...more

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