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
12/5/2022
/ Commercial Truck Drivers ,
Dismissals ,
Due Process ,
Employment Litigation ,
Equal Protection ,
Failure To State A Claim ,
FMCSA ,
Fourteenth Amendment ,
Governor Newsom ,
Motor Carrier Act ,
Political Candidates ,
Preemption ,
Rest and Meal Break ,
Retroactivity ,
State Constitutions ,
State Elections ,
Teamsters ,
Trucking Industry
In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more
This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure...more
This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more
7/19/2021
/ Coronavirus/COVID-19 ,
Due Process ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Misbranding ,
Motion to Dismiss ,
State Law Claims ,
Trader Joes ,
Unfair or Deceptive Trade Practices ,
WA Supreme Court
This week, we take a close look at an appeal from the first jury trial in a flood of litigation alleging that a popular pesticide causes cancer.
EDWIN HARDEMAN V. MONSANTO COMPANY -
The Court affirms a jury verdict...more
This week, we take a look at a decision addressing the proper reading of “because” in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation...more
The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth...more
Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal...more