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Injunctive Relief Preemption

Ballard Spahr LLP

Bank and Credit Union Industry Groups Challenge Illinois Interchange Fee Prohibition Act as Unlawful and Urge the Court to Stop...

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On August 15, 2024, the Illinois Bankers Association, American Bankers Association, America’s Credit Unions, and Illinois Credit Union League filed a complaint for declaratory and injunctive relief against the Illinois...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

Kilpatrick

Ninth Circuit reexamines California’s McGill rule – which prohibits contractual waivers of “public injunctive relief” – through...

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Takeaway: One would think that “public injunctive relief” – especially under California law – would be a broad remedy. Not so, according to the majority opinion in Hodges v. Comcast Cable Communications, LLC, --- F.4th...more

Ballard Spahr LLP

Supreme Court Is Asked (Again) to Rule on Whether the FAA Preempts California Public Injunctive Relief Law, But This Time There is...

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For the second time in two years, the U.S. Supreme Court is being asked to decide whether the Federal Arbitration Act (FAA) preempts California law (the “McGill Rule”) which invalidates arbitration agreements that waive the...more

Troutman Pepper

Oregon Banks and Trade Association File Declaratory Action Requesting Relief from State Legislation Alleged to be Retroactively...

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On August 13, 2020, the Oregon Bankers Association (“OBA”) and three Oregon-chartered banks filed a Complaint for declaratory and injunctive relief against the State of Oregon, Oregon’s Attorney General, and the Director of...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Ballard Spahr LLP

FAA Preemption Petitions Now Ripe for SCOTUS Conference

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Briefing is now complete on the petitions for certiorari in the Blair v. Rent-A-Center appeals that could produce the next blockbuster U.S. Supreme Court arbitration decision. At issue is whether the Federal Arbitration Act...more

Manatt, Phelps & Phillips, LLP

Arbitration: Will U.S. Supreme Court Step In to Solve California’s McGill Problem?

It now looks as though the Supreme Court is ready to receive, and we think grant, a petition for writ of certiorari in Blair v. Rent-A-Center (and related cases) that could spell doom for California’s McGill rule under which...more

Ballard Spahr LLP

Possible Supreme Court Review of California’s “McGill Rule” Moves One Step Closer as Ninth Circuit Stays Mandates in Blair Appeals

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After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more

Ballard Spahr LLP

Ninth Circuit denies Blair rehearing petitions, setting stage for possible SCOTUS review

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On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s AB 5 Enjoined as to Motor Carriers; Federal Court Enters Preliminary Injunction on FAAAA Preemption Claim

On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree...more

Seyfarth Shaw LLP

AB 5 Challenge From California Motor Carriers: TRO Granted

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Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more

Payne & Fears

Federal Judge Temporarily Enjoins California From Enforcing AB 51

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Yesterday, a federal judge from the Eastern District of California granted a temporary restraining order preventing California from enforcing Assembly Bill (AB) 51. ...more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more

Epstein Becker & Green

California Trucking Association Mounts Challenge to “ABC” Test

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As businesses throughout the State of California continue to grapple with the potential implications of AB5, a new law designed to make it more difficult for companies to treat workers as independent contractors, the...more

Fisher Phillips

Truckers Seek To Toss California’s New Gig Economy Law

Fisher Phillips on

We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever...more

Mintz - Arbitration, Mediation, ADR...

Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal

The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California. However, California’s controversial precedent on the...more

Ballard Spahr LLP

Plaintiffs Respond to Blair Rehearing Petitions

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As we recently advised you , on September 9, 2019, the Ninth Circuit ordered the plaintiffs in the Blair v. Rent-A-Center appeals to respond to the defendants’ petitions for rehearing, which ask the court en banc to overturn...more

Seyfarth Shaw LLP

9th Circuit Takes Narrow View of the Computer Fraud and Abuse Act in LinkedIn Data Scraping Case

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In an a recently published opinion, the Ninth Circuit answered the question whether “LinkedIn, the professional networking website, [may] prevent a competitor, hiQ, from collecting and using information that LinkedIn users...more

McManis Faulkner

Is California’s McGill Rule Still Good Law?

McManis Faulkner on

On June 28, 2019, the Ninth Circuit held in three separate cases that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s holding in McGill v. Citibank, N.A., 2 Cal.5th 945 (2017) — otherwise...more

Sheppard Mullin Richter & Hampton LLP

Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right...

The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act (“FAA”) preempted California’s former...more

King & Spalding

California Rule Barring Enforcement of Contractual Provisions that Limit Consumers’ Right to Seek Public Injunctions Not Preempted...

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On June 28, 2019, the Ninth Circuit issued three decisions confirming that the FAA does not preempt California’s so-called “McGill” rule. As a result, the court invalidated provisions of the arbitration agreements in each...more

Harris Beach PLLC

Doe v. Merck: Vaccine Autism Lawsuit Dismissed as Baseless

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The claim that the MMR vaccine caused autism was meritless on its face, held the U.S.D.C., Eastern District of New York (Doe v. Merck & Co, Inc.). The action filed on behalf of “Baby Doe” stemmed from Merck-manufactured...more

Proskauer - Law and the Workplace

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

As we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees....more

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