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
This week, we take a look at a decision examining the preemptive effect of the Poultry Products Inspection Act, and another considering the interaction between the Employee Retirement Income Security Act and principles of...more
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, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens.
HOWARD JARVIS...more
This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law...more
This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to...more