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Preemption Federal Maritime Commission

K&L Gates LLP

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

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In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Benesch

InterConnect - Fall 2016

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In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more

K&L Gates LLP

Shipping Act Antitrust Exemption Held for the First Time to Preempt State Antitrust Laws

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For the first time, a federal court has held that the Shipping Act of 1984, 46 U.S.C. §§ 40101–41309 (Shipping Act), preempts state-law antitrust claims. The federal district court in New Jersey applied conflict preemption...more

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