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Civil Procedure Conflict of Laws

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

U.K. Supreme Court Asserts Jurisdiction Where Conspiracy Was Hatched in England

by Faegre Baker Daniels on

Questions on conflict of laws can be fiendishly difficult to decipher. When the U.K. Supreme Court rules on this topic, it is important to take note....more

Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or...more

United States Supreme Court Holds Class Waivers in Arbitration Agreements are Lawful

by Bracewell LLP on

On May 21, 2018, the United States Supreme Court issued an opinion on a trio of cases challenging employer enforcement of arbitration agreements with class-action waivers. The Court held that the Federal Arbitration Act (FAA)...more

The Supreme Court - May 21, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more

Choice-of-laws Clauses

This is one of a series of blog posts discussing typical “boilerplate” terms and how they impact real estate contracts. Choice-of-Law Clauses - Choice-of-Law clauses usually read something like the following: The...more

U.S. Supreme Court Rules That States May Conduct Sports Betting

by Snell & Wilmer on

After much speculation and anticipation, the U.S. Supreme Court today ruled that the States may conduct sports betting, and struck down the Professional & Amateur Sports Protection Act (“PASPA”). In the case of Murphy v....more

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

by Best Best & Krieger LLP on

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

Three Point Shot - May 2018

by Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Supreme Court Opens Door to Legalized Sports Betting

by Womble Bond Dickinson on

On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more

Time to Place Your Bets? Key Things to Know about the Supreme Court Sports Gambling Decision

This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders. In its decision, the Court struck down certain provisions of the...more

Bet on It: Supreme Court Clears Path for States to Legalize Sports Gambling

by Jones Day on

Since 1992, the Professional and Amateur Sports Protection Act ("PASPA"), 28 U.S.C. § 3702, has, among other things, made it unlawful for U.S. states (with the exception of Nevada and three other "grandfathered" states) to...more

Mississippi Federal Court Rejects RCRA Preemption

by Beveridge & Diamond PC on

Illustrating limits on Resource Conservation and Recovery Act (“RCRA”) preemption of state tort claims, a Mississippi federal court concluded that the state’s toxic tort claims were not preempted by federal law. ...more

Clean Air Act Preemption Claims Not Preempted in Diesel Cheat Device Class-Action

by Beveridge & Diamond PC on

A Michigan district court judge determined that the Clean Air Act did not preclude plaintiffs from bringing 53 state law fraudulent concealment and consumer protection claims against General Motors LLC and its suppliers for...more

Does New York's Martin Act Conflict With California's Blue Sky Law?

by Allen Matkins on

A recent dispute between plaintiffs domiciled in California and defendants domiciled in New York caused U.S. District Court Judge Arthur D. Spatt to ponder whether to apply New York's Martin Act or California's Corporate...more

Key California Employment Law Cases: March 2018

by Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law

by Carlton Fields on

The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims....more

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly...

by Lathrop Gage on

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more

Sixth Circuit Finds That Compelling Arbitration Does Not Impair State Interest In Exclusive Jurisdiction Over Matter Already...

by Carlton Fields on

The Sixth Circuit Court of Appeals has found that Kentucky’s Insurers Rehabilitation and Liquidation Law (IRLL) did not reverse-preempt the Federal Arbitration Act so as to prohibit the arbitration of a dispute when that...more

U.S. Supreme Court Permits Federal Class Action Securities Cases to Proceed in State Court

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently ruled that state courts retain jurisdiction over federal class actions securities cases for violations of the Securities Act of 1933. The Court was unanimous in confirming that when Congress...more

Student loan servicers seek to clarify federal preemption of state student loan servicing regulations in suit to enjoin...

by Ballard Spahr LLP on

The Student Loan Servicing Alliance, a trade group representing student loan servicers, has sued the District of Columbia to enjoin the operation of Law 21-214, the Student Loan Ombudsman Establishment and Servicing...more

“No Newly Acquired Evidence” Argument On Implied Preemption Gaining Traction

by Reed Smith on

It took a while for courts to catch on that implied preemption in drug cases depends on whether the plaintiffs can present “newly acquired evidence” of a relevant risk, but the argument seems to be gaining some traction. The...more

9th Circuit Rules That National Banking Act Does Not Preempt California Escrow Interest Requirement

by Weiner Brodsky Kider PC on

A Ninth Circuit panel recently ruled that the National Bank Act does not preempt California’s state escrow interest law. The panel reversed a district court’s dismissal of a putative class action, which was filed against a...more

UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

We first wrote on this topic nearly a year ago. Since then, courts have had an opportunity to interpret some of the provisions of the federal Defend Trade Secrets Act (DTSA). Indeed, since it was signed into law, more than...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

by Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Faster Than Now! The Final Word, On the Final Mile

by Benesch on

We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more

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