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Conflict of Laws Updates

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10th Circuit Finds Rooker-Feldman Inapplicable to Colorado Non-Judicial Foreclosure Procedure

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Tenth Circuit recently determined that the Rooker-Feldman doctrine, which limits federal-court jurisdiction, does not apply to a Colorado procedure for non-judicial foreclosure of mortgages....more

New York's Position on Sports Betting and the Upside for Municipalities

by Harris Beach PLLC on

In 1992, Congress banned sports gambling outside of Nevada, Delaware, Montana and Oregon with the passage of the Professional and Amateur Sports Protection Act. Over the last couple decades, sports betting has grown into a...more

California Supreme Court Clears The Way For Employee Cal/OSHA Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Cal/OSHA regulations are enforced by a state agency in administrative litigation. A new Supreme Court decision, Solus Industrial Innovations, Inc. v. Superior Court, allows employees allegedly suffering...more

Paid Sick Leave Under Maryland Healthy Working Families Act Goes Into Effect

by Ballard Spahr LLP on

The Maryland Healthy Working Families Act requires certain Maryland employers to offer paid sick leave to their employees. It took effect on February 11, 2018— 30 days after the legislature overrode Governor Larry Hogan's...more

Wisconsin Legislature Poised to Prohibit Local Employment Ordinances and Exempt Certain Employers From WFMLA

While all eyes have rightfully been focused on Washington, D.C., during the recent and ongoing drama surrounding the government shutdown, in Madison, the Wisconsin Legislature is poised to take action on two measures that may...more

Canadian Securities Administrators mandate additional disclosure in response to Sessions Memo

by Dentons on

On February 8, 2018, the Canadian Securities Administrators (the CSA) published revised CSA Staff Notice 51-352 - Issuers with US Marijuana-Related Activities (the Notice), which sets out the CSA staff’s disclosure...more

Seventh Circuit Holds that ERISA does not Preempt State “Slayer Statute”

by Bryan Cave on

We turn once again to the sad and difficult task that plan administrators face when distributing the benefits of a participant who has been murdered by his or her designated beneficiary. Sad for obvious reasons. Difficult...more

Directors Fail To Escape Liability For Approving Dividend

by Allen Matkins on

I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more

Insurance Receiver’s Preemption Argument Under Mccarran-Ferguson Fails To Avoid Arbitration Of Reinsurance Dispute

by Carlton Fields on

The receiver for Gramercy Insurance Company sought to avoid arbitration of a reinsurance dispute with Contractor’s Bonding, Ltd., by arguing the FAA was reverse preempted under the McCarran-Ferguson Act....more

Federal Enforcement Update: Can Again Kicked Down the Road

As we explained in our previous post, the Rohrabacher-Blumenauer Amendment protects against federal enforcement of the Controlled Substances Act with respect to medical cannabis in states that have legalized it. The Amendment...more

If At First You Don't Succeed, Try And Try Again: A Broker Is Finally Successful At A Federal Preemption Argument

by SmithAmundsen LLC on

A recent ruling by Judge Ronald Guzman of the U.S. District Court for the Northern District of Illinois should have a significant impact on how brokers, and in some circumstances motor carriers, defend themselves in...more

Aviation Law News Alert: What We Can Learn From A Glider Who Flew Too Close To A Nuclear Power Plant

In the case of William Cox, personal representative for the estate of Robin Fleming, vs. Duke Energy, et. al. the Fourth Circuit recently addressed a glider pilot’s arrest for flying too close to a nuclear power plant, the...more

U.S. Supreme Court Decides Tolling Provision Stops the Clock

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently held, in a 5-4 decision, that the federal supplemental jurisdiction statute’s tolling provision stops the clock on the statute of limitations for state claims joined with a federal claim during...more

WPI State of the States: State Legislatures are Back in Business

by Littler on

The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

WPI Wage Watch: Minimum Wage & Overtime Updates (January Edition)

by Littler on

2018 may have barely begun, but minimum wage and overtime activity at the local, state – and even federal – levels is well underway. Settle in – we’ve got a lot to cover....more

House passes bills to facilitate online banking, allow federal savings associations to exercise national bank powers

by Ballard Spahr LLP on

The following bills were passed by the House earlier this week: The “Making Online Banking Initiation Legal and Easy (MOBILE) Act, H.R. 1457. Passed by a vote of 397-8, the MOBILE Act would allow a bank to scan and retain...more

California Court Considers Enforceability Of Arbitration Clause In Reinsurance Related Agreement Applying Nebraska Law

by Carlton Fields on

In a case involving a reinsurance participation agreement (RPA), a California trial court has examined the interplay between two seemingly irreconcilable contract provisions: one that provided for the arbitration of any...more

Central District Of California Finds No ERISA Preemption Where Determination Of Benefits At Termination Is Non-Discretionary

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Claims for benefits at termination may proceed as a breach of contract claim in state court, and avoid ERISA preemption, where the calculations are individualized, straightforward and do not implicate an...more

Oh Deer! Local Hunting Laws and New York State Preemption Doctrine

by Farrell Fritz, P.C. on

In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet to 150 feet...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Sessions’s Marijuana Memo Reminds Colorado Employers They Are Not Out of the Federal Weeds

by Wilson Elser on

Attorney General Jeff Sessions’s January 4, 2018, Memorandum for All U.S. Attorneys explicitly rescinds all prior nationwide guidance on marijuana-related offenses under the federal Controlled Substance Act (CSA) issued from...more

Review Your Pay Practices for Pennsylvania Employees After Recent Court Decision

by Ballard Spahr LLP on

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate

by Fisher Phillips on

Immigration has been a major flashpoint between California and the Trump Administration during the past year. In 2017, the California Legislature passed significant legislation impacting how California employers deal with...more

Federal v. State Trademark Registration for Marijuana-Related Goods and Services

by Farrell Fritz, P.C. on

Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana...more

2017 Highlights the Importance of State Law Compliance in the Firearms Industry

by Williams Mullen on

The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,...more

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