News & Analysis as of

Interstate Commerce

Husch Blackwell LLP

ILA Labor Agreement Set to Expire, Strike Looms

Husch Blackwell LLP on

On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike...more

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Dunlap Bennett & Ludwig PLLC

A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2024 - The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Decision Opens Doors to Rate Increases by FERC-Regulated Oil, Liquids and Refined Products Pipelines

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more

Jackson Lewis P.C.

Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act

Jackson Lewis P.C. on

Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Rivkin Radler LLP

The Case of ‘Gas Station Heroin’

Rivkin Radler LLP on

Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and...more

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

Interstate Transport/Ozone: United State Supreme Court Issues Stay for D.C. Circuit Court of Appeals

Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more

ArentFox Schiff

The 340B ‘Saga’ Continued: HRSA, States, and Drug Manufacturers Contest 340B Contract Pharmacy Restrictions in Court

ArentFox Schiff on

In 2021, we provided an overview of multiple federal lawsuits challenging the US Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) enforcement of the 340B Drug Pricing...more

Harris Beach PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

Harris Beach PLLC on

Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Greenbaum, Rowe, Smith & Davis LLP

Will Rescheduling Cannabis Open the Industry to Increased Financing, Real Estate and Banking Opportunities?

On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more

Manatt, Phelps & Phillips, LLP

Supreme Court: Look to Worker, Not Employer for FAA Exemption Status

Is the exemption from coverage under the Federal Arbitration Act (FAA) for any “class of workers engaged in foreign or interstate commerce” limited to workers whose employers are in the transportation industry? ...more

Husch Blackwell LLP

Cannabis Litigation Update: Canna Provisions Case

Husch Blackwell LLP on

While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more

Lathrop GPM

United States Supreme Court Expands Worker Exemption in Federal Arbitration Act

Lathrop GPM on

The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker...more

Epstein Becker & Green

Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA

The U.S. Supreme Court has ruled that in determining exemption from the Federal Arbitration Act (“FAA”) for “workers engaged in foreign or interstate commerce” — commonly referred to as the “transportation worker”...more

McGlinchey Stafford

Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration

McGlinchey Stafford on

In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more

Fox Rothschild LLP

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier...

Fox Rothschild LLP on

In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary line. The Judge did not listen. In a...more

Husch Blackwell LLP

U.S. Supreme Court Decision Reshapes FAA Exemption for Transportation Workers

Husch Blackwell LLP on

In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in...more

McAfee & Taft

Special delivery: SCOTUS provides guidance on arbitration exemption for transportation workers

McAfee & Taft on

On April 12, 2024, in Bissonnette et. al, v. LePage Bakeries Park St., LLC, et. al, the U.S. Supreme Court provided guidance on the transportation worker exemption under Section 1 of the Federal Arbitration Act (FAA),...more

Seyfarth Shaw LLP

U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

Seyfarth Shaw LLP on

On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for...more

Morgan Lewis

US Supreme Court Clarifies Application of Federal Arbitration Act’s ‘Transportation Worker’ Exemption

Morgan Lewis on

In Bissonnette v. LePage Bakeries, a unanimous Supreme Court clarified the scope of the Federal Arbitration Act’s (FAA’s) “transportation worker” exemption by rejecting the industry-based test applied in the Second Circuit....more

ArentFox Schiff

Supreme Court Holds That the FAA’s Transportation Exemption Applies to all Employees Involved in Interstate Transportation

ArentFox Schiff on

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Arbitration Law Exemption Applies to Worker's Jobs and Not Company's Business

The Federal Arbitration Act (FAA) provides employers with wide discretion to require that disputes with employees be subject to mandatory arbitration rather than proceeding through the court system. Many employers favor...more

Holland & Knight LLP

Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

Holland & Knight LLP on

The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more

572 Results
 / 
View per page
Page: of 23

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide