News & Analysis as of


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

Massachusetts Supreme Judicial Court Recognizes ‘Innovator Liability’

On March 16, 2018, in a matter of first impression in Massachusetts, the Supreme Judicial Court (“SJC”) joined a minority of states in recognizing a tort theory of “Innovator Liability” – namely, that brand-name drug...more

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

by Holland & Knight LLP on

In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

Education Dept. says state student loan servicing laws are preempted

by Ballard Spahr LLP on

In response to the wave of new state student loan servicing laws and enforcement activity, the U.S. Department of Education has published an interpretation emphasizing that the Higher Education Act (HEA) preempts state...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

The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450

by Fisher Phillips on

The ever-escalating dispute between the Trump Administration and the State of California over immigration policy is starting to resemble a Shakespearean drama. U.S. Attorney General Jeff Sessions, speaking at an appearance...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

M.D. Florida Shoots Down All Breast Implant Claims Except for Negligent Manufacturing Defect

by Reed Smith on

Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad appellate decisions were spread around. Two came from our home circuit,...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

When "Made in the USA" Means . . . Something Different

As most manufacturers are aware, the Federal Trade Commission sets the rules for the Made in the USA designator. The current FTC standard requires that “all or virtually all” of all significant parts and processing that go...more

Oregon, New York, Alabama, and Rhode Island Join List of States Considering Data Breach Legislation Post-Equifax

by Ballard Spahr LLP on

Any entity that does business in these states or maintains confidential information of their residents should monitor the proposed data breach legislation discussed below: Oregon, New York, Alabama, and Rhode Island....more

WPI State of the States: Legislatures Pick up the Pace

by Littler on

State and local lawmakers introduced over 250 new labor and employment bills in February, and considered hundreds of others in various stages of the legislative lifecycle. Many topics covered by these measures are familiar,...more

Roma, III, Ltd. V. Board Of Appeals Of Rockport: Did The Supreme Judicial Court “Pave The Way” For Local Control Of Drones?

by Pierce Atwood LLP on

Earlier this year, the Supreme Judicial Court (SJC) issued a relatively straightforward decision concerning heliports, home rule authority, and preemption – Roma, III, Ltd. v. Board of Appeals of Rockport....more

WPI Wage Watch: Minimum Wage & Overtime Updates (February Edition)

by Littler on

February may be the shortest month of the year, but what it lacked in days it made up with minimum wage and overtime developments at the federal, state, and local levels....more

Major Section 546(c) Safe Harbor Issue Resolved by the Supreme Court

Our post last year concerning “[t]he long-running litigation spawned by the leveraged buyout of Tribune Company . . . and the subsequent bankruptcy case” described a case--FTI v. Merit--that was then pending in the Supreme...more

NAIC considers changes to Credit for Reinsurance Model Law and Regulation to address the US-EU Covered Agreement

The National Association of Insurance Commissioners (NAIC) held a public hearing in New York on February 20, 2018, to receive comments on the steps it should take to address the reinsurance collateral provisions of the...more

Air Ambulances Services and Preemption

by LeClairRyan on

Since the enactment of the Airline Deregulation Act of 1978 (ADA), an issue that continues to receive close legal scrutiny is the extent to which states may regulate the activities of air ambulance services. ...more

Minnesota Legislature Convenes 2018 Session - Legal Wrangling Threatens Progress

by Stinson Leonard Street on

The 2018 Minnesota legislature kicked off at noon yesterday with no solution to the legal standoff in the Minnesota Senate over whether a Republican state senator can legally hold both her Senate seat and be lieutenant...more

The Federal Antitrust and Labor Law Double Bind: The Ninth Circuit Hears Oral Argument in Challenge to Seattle’s Ordinance...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Monday, February 5, 2018, the U.S. Chamber of Commerce’s lawsuit challenging the City of Seattle’s ordinance allowing independent-contractor drivers to engage in collective bargaining was before the U.S....more

What Employers Need to Know About the Austin, TX Paid Sick & Safe Leave Ordinance

by Nilan Johnson Lewis PA on

In the early hours of February 16, 2018, Austin, Texas, became the first Southern city to pass a paid sick and safe leave law. The final version is slated to go into effect on October 1, 2018, for most employers, although...more

Paid Sick Leave Under Maryland Healthy Working Families Act Goes Into Effect

by Ballard Spahr LLP on

The Maryland Healthy Working Families Act requires certain Maryland employers to offer paid sick leave to their employees. It took effect on February 11, 2018— 30 days after the legislature overrode Governor Larry Hogan's...more

Wisconsin Legislature Poised to Prohibit Local Employment Ordinances and Exempt Certain Employers From WFMLA

While all eyes have rightfully been focused on Washington, D.C., during the recent and ongoing drama surrounding the government shutdown, in Madison, the Wisconsin Legislature is poised to take action on two measures that may...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

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