News & Analysis as of

Preemption

Fenwick & West LLP

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

by Fenwick & West LLP on

A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Littler

Court Rules Federal Railway Unemployment Insurance Act Completely Preempts Massachusetts Sick Leave Law

by Littler on

On August 10, 2018, the U.S. District Court for the District of Massachusetts ruled that the federal Railroad Unemployment Insurance Act (RUIA) completely preempts the Massachusetts Earned Sick Time Law (ESTL). ...more

Wendel, Rosen, Black & Dean LLP

9th Circuit Closes the Door on “Open Shop” Contractor

At the height of the Great Depression nearly one-quarter of Americans were unemployed. In response, Congress enacted a series of laws including the Smoot-Hawley Tariffs Act, which raised tariffs on foreign goods in an effort...more

Holland & Knight LLP

Illinois Legislature Pre-empts Municipal Authority to Regulate Drones

by Holland & Knight LLP on

Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago, including home rule municipalities, from regulating "unmanned aircraft systems," commonly referred to as...more

Seyfarth Shaw LLP

The State Of Union Funding - California And The Ninth Circuit Show How States Might Try To Mitigate The Effect of Janus

by Seyfarth Shaw LLP on

Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more

Seyfarth Shaw LLP

Is California’s Latest Assault On Arbitration Constitutional?

by Seyfarth Shaw LLP on

Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more

Hogan Lovells

California Appeals Court Reverses Decision Requiring Proposition 65 Warnings on Cereals for Acrylamide

by Hogan Lovells on

A California appeals court has reversed a trial court decision that would require businesses to post Proposition 65 cancer warnings on certain breakfast cereals for acrylamide. The court ruled that a Proposition 65 warning...more

Holland & Knight LLP

New Employer Guidance for Illinois Biometric Information Litigation

by Holland & Knight LLP on

• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008. • One of the main issues facing litigants is what constitutes...more

Snell & Wilmer

Federal Preemption of State and Local Paid Sick Leave Laws

by Snell & Wilmer on

Could a single, nationwide paid sick leave law become a reality and cure a multi-jurisdictional employer’s woes? Maybe. One proposal, H.R. 4219 (known as the “Workflex in the 21st Century Act”), was introduced by three...more

Ballard Spahr LLP

OCC to Accept Applications from Fintech Companies Seeking National Bank Charters

by Ballard Spahr LLP on

The Office of the Comptroller of the Currency’s (OCC) announcement this week that it will begin accepting applications for special purpose national bank (SPNB) charters from financial technology (Fintech) companies represents...more

Miller Canfield

Supreme Court Upholds Authority of Michigan School Districts to Ban Firearms on School Property and at School Functions

by Miller Canfield on

On Friday, July 27, 2018, the Michigan Supreme Court upheld the authority of Michigan school districts to ban firearms on school property and at school functions. The Court held that while the Legislature has the power to...more

Downey Brand LLP

Court Determines Breakfast Cereal Currently Does Not Require Prop 65 Warnings

by Downey Brand LLP on

A recent appellate decision from the Second District Court of Appeal in Los Angeles has determined that breakfast cereals do not require a Proposition 65 warning for acrylamide. Post Foods, LLC v. Superior Court of Los...more

Buchalter

FAA Stands Firm in Defense of Federal Preemption of Airspace Regulations

by Buchalter on

On July 20, 2018, the Federal Aviation Administration (“FAA”) issued a Press Release unequivocally clarifying its views of the distribution of regulatory authority between federal and local governments with respect to the...more

Robinson+Cole Data Privacy + Security Insider

FAA Issues Statement Clarifying its Authority

In light of the rise in use of drones in the national airspace, there has been some confusion regarding the Federal Aviation Administration’s (FAA) authority over navigable airspace and federal preemption for state and local...more

Epstein Becker & Green

Maryland Enacts New Sexual Harassment Law

by Epstein Becker & Green on

On May 15, 2018, Maryland Governor Lawrence Hogan approved new legislation intended to respond to the #MeToo movement. Effective October 1, 2018, the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”)...more

Harris Beach PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

by Harris Beach PLLC on

The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Foley & Lardner LLP

Wisconsin Court of Appeals Reinstates Tort Claims Against Operator of Firearms-Classifieds Website

by Foley & Lardner LLP on

The federal Communications Decency Act of 1996, in what is commonly referred to as “Section 230,” absolves from liability the “provider” of “an interactive computer service” when the plaintiff uses a theory of liability that...more

K&L Gates LLP

K&L Gates Triage: Recent Developments in Provider v. Payer Litigation -- Medicare Advantage Disputes

by K&L Gates LLP on

In this episode, Gary Qualls discusses a recent development in payer litigation, regarding a provider’s recovery of Medicare Advantage payments pursuant to a Medicare Advantage contract. Specifically, a recent federal case...more

Foley Hoag LLP - Advertising and Marketing

What Could the USDA's Bioengineered Food Disclosure Standard Mean for Food Labeling Litigation?

The symbol at right (see article) is one of the three candidate food labeling symbols indicating the presence of “bioengineered foods” being proposed by the Agricultural Marketing Service (AMS) of the U.S. Department of...more

Kelley Drye & Warren LLP

Prop 65 Court Win for Cereal Manufacturers Sets the Table for Further Challenges to Warning Requirements

by Kelley Drye & Warren LLP on

In a remarkable and perhaps precedent-setting decision, a California appellate court sided with cereal manufacturers in ruling that Proposition 65 cancer warnings for acrylamide were preempted by federal policy encouraging...more

Perkins Coie

Precedent-Setting Proposition 65 Pre-emption Decision Involving Breakfast Cereal

by Perkins Coie on

Last week, the California Court of Appeal held that a plaintiff’s suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was preempted by federal nutrition policies aimed at...more

Beveridge & Diamond PC

New Mexico Federal Court Allows Tort Claims Against EPA Contractor in Gold King Mine Release

by Beveridge & Diamond PC on

Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from...more

Poyner Spruill LLP

State Statute Trumped by Federal Arbitration Act

by Poyner Spruill LLP on

To protect contractors and subcontractors working on North Carolina construction projects, state law prohibits the enforcement of any agreement subjecting the parties exclusively to the laws of another state or making the...more

Carlton Fields

Expect Focus - Life Insurance, Volume II, June 2018

by Carlton Fields on

New York Pushes Mutual Fund Active Share Disclosure - New York’s Attorney General issued a report on its recent investigation of fees charged by actively managed equity mutual funds and a metric known as “Active Share.”...more

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