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Conflict of Laws Civil Procedure

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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

Federal Court Sends Colorado's Case Against Online Lending Platform Back to State Court

Colorado's ongoing challenge to the bank partnership model of online lending will next play out, at least in part, in state court. Last year, the Administrator of Colorado's Uniform Consumer Credit Code filed suits in...more

Sixth Circuit rules Title VII outweighs religious defense in case of transgender employee

by McAfee & Taft on

While the debate is still not settled as to whether Title VII’s prohibition on sex discrimination applies to LGBTQ workers, at least one more federal appeals court has officially weighed in on the subject. On March 7, 2018,...more

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

by Jaburg Wilk on

The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Scientist Drops Suit After Anti-SLAPP Hearing

by LeClairRyan on

There have been several notable developments in the scientist v. scientist case since our last post. In January, Mark Jacobson responded to the anti-SLAPP motions filed by the National Academy of Sciences and Christopher...more

ERISA Litigation: 5 Defenses to Know and Prepare For

by Faegre Baker Daniels on

A ubiquitous presence in the federal courts, the Employee Retirement Income Security Act of 1974 (ERISA) regulates the administration of employee pension and welfare plans — otherwise defined as plans that provide employees...more

Third Circuit Grants Express Preemption in “Hybrid” Medical Device Case

On March 1, the U.S. Court of Appeals for the Third Circuit, in Shuker et al. v. Smith & Nephew PLC, affirmed a District Court’s ruling that claims against a medical device manufacturer are expressly preempted by federal law....more

Ninth Circuit Reaffirms That Washington State’s Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

by Carlton Fields on

This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity. The District Court for the District of Oregon denied Philadelphia Indemnity’s motion to compel...more

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

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

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

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

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

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

PTAB Finds that Suing in Federal Court Waives Sovereign Immunity

by Knobbe Martens on

On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. ...more

Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act

by Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

NEBRASKA: A Good Home for Berkshire Hathaway, but not for Reinsurance Agreements

by Locke Lord LLP on

A Cornhusker by birth, I’ve always had a special affinity for Nebraska, and particularly Omaha, where I was raised. My only regret is that I was neither old nor rich enough to participate in Mr.Buffet’s original partnership....more

Court Finds State Law Barring Insurance Arbitrations Reverse-Preempts Federal Arbitration Act

by Carlton Fields on

The case involved a dispute between the parties to a Reinsurance Participation Agreement (RPA). Defendants moved to compel arbitration, citing the Federal Arbitration Act and a provision in the RPA agreeing to resolve “[a]ll...more

Federal Circuit: BPCIA Preempts State Law In Biosimilar Litigation

The Federal Circuit on Thursday issued an opinion in Amgen v. Sandoz holding that that the Biologics Price Competition and Innovation Act (BPCIA) preempts state-law claims that are based on a biosimilar applicant’s failure to...more

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

by Holland & Knight LLP on

Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!

by LeClairRyan on

Originally posted August 11, 2017 - Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated...more

Litigation Alert | Third Circuit Reaffirms Scope of Federal Priority Rules

by McDermott Will & Emery on

On December 4, 2017, the US Court of Appeals for the Third Circuit issued its much-anticipated precedential opinion in Marathon Petroleum Corp. et al., v. Secretary of Finance et al., No. 16-4011. The opinion affirms the...more

Local Drone Law Preempted

by Snell & Wilmer on

On September 21, 2017, in what is believed to be the first federal court ruling on the issue of local drone regulation, the United States District Court for the District of Massachusetts in Singer v. City of Newton,...more

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