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Cause of Action Accrual Preemption

Faegre Drinker Biddle & Reath LLP

Blurry Vision in Two Courts Leads to Denial of Preemption in Intraocular Lens Implant Case

A recent Second Circuit preemption decision illustrates the importance of a clear-eyed approach to medical device preemption issues. In Glover v. Bausch & Lomb, Inc., 6 F.4th 229 (2d Cir. 2021), the district court...more

Bricker Graydon LLP

City of Toledo voters pass the Lake Erie Bill of Rights, potentially affecting Lake Erie watershed dischargers

Bricker Graydon LLP on

In a February 26, 2019, special election, Toledo’s voters passed the Lake Erie Bill of Rights (LEBOR). The LEBOR is an amendment to the City of Toledo’s Charter that creates a new cause of action for the violation of the...more

Seyfarth Shaw LLP

California Appellate Court Affirms Broad Scope of ERISA Preemption in State Law Privacy Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an unpublished yet fascinating decision, the California Court of Appeal held that ERISA § 514 preempts state law causes of action premised on wrongful disclosure of protected private health information....more

Baker Donelson

Reading the CFPB Amicus Tea Leaves

Baker Donelson on

Because the CFPB is still a young agency, having formed in 2011 pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), the enforcement record of the Agency is somewhat limited, not by...more

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