News & Analysis as of

Preemption

Eleventh Circuit Affirms ADA Preemption of Class Action Claims That Restrict Air Ambulance Operator's Prices

by Holland & Knight LLP on

• Airline Deregulation Act (ADA) preempts class action claims seeking to enforce Florida statute that limits an air ambulance operator's prices by prohibiting balance billing of unpaid invoices. • McCarran-Ferguson Act...more

Dodd-Frank Rollback Requires Changes to Regulation A+ and Rule 701

The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155), which is primarily aimed at easing regulations on community banks, also contains provisions designed to facilitate capital formation. President...more

Another San Francisco Ordinance Falls To The Ellis Act

by Perkins Coie on

Once again, the City and County of San Francisco has been found to have exceeded the limits of its authority under the Ellis Act in its efforts to deter conversion of residential rental units. Small Property Owners of San...more

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

by Jackson Walker on

May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

SCOTUS Ruling has Far-Reaching Effects on Employment Litigation and Class Action

by Epiq on

On Monday, May 21, the Supreme Court, in a 5-4 decision, ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to bring class action suits over workplace issues....more

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

by Dechert LLP on

A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

US Supreme Court upholds arbitration agreements with class action waivers

by McAfee & Taft on

On Monday, Justice Gorsuch for the United States Supreme Court issued an opinion in Epic Systems Corp v. Lewis, together with two companion cases, upholding the use of class and collective action waivers in arbitration...more

What’s Next for Employers After Epic Decision

by Nilan Johnson Lewis PA on

The U.S. Supreme Court gave a huge win to employers on May 21, 2018, in its much-anticipated decision in Epic Systems Corp. v. Lewis, upholding the validity of arbitration agreements that require employees to arbitrate claims...more

The Supreme Court - May 21, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more

SCOTUS:  Employers Can Compel Individual Arbitration of Wage and Hour Claims

In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

Five Common Questions on the New Menu Labeling Requirements

by Polsinelli on

The U.S. Food and Drug Administration previously published a final rule on nutrition labeling of standard menu items in restaurants and similar food establishments. ...more

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

by Best Best & Krieger LLP on

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

U.S. Supreme Court Finds Class Action Waivers Enforceable

by Laner Muchin, Ltd. on

Just hours ago, the U.S. Supreme Court issued an opinion finding arbitration agreements that prohibit an employee from bringing or joining a class or collective action in a wage lawsuit are enforceable....more

New Jersey Enacts Statewide Paid Sick Leave Law

New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other...more

Mississippi Federal Court Rejects RCRA Preemption

by Beveridge & Diamond PC on

Illustrating limits on Resource Conservation and Recovery Act (“RCRA”) preemption of state tort claims, a Mississippi federal court concluded that the state’s toxic tort claims were not preempted by federal law. ...more

Clean Air Act Preemption Claims Not Preempted in Diesel Cheat Device Class-Action

by Beveridge & Diamond PC on

A Michigan district court judge determined that the Clean Air Act did not preclude plaintiffs from bringing 53 state law fraudulent concealment and consumer protection claims against General Motors LLC and its suppliers for...more

Consumer financial services at a crossroads: Small-dollar loans

by White & Case LLP on

Supervision - The CFPB has historically focused on how to address so-called "debt traps" associated with payday lending. After five years of research and public comments, the CFPB released its final rule regulating...more

Wisconsin Law Prohibits Local Regulation of Several Employment Issues, Does Not Preempt Discrimination Ordinances

On April 16, 2018, Wisconsin Governor Scott Walker signed an amended version of 2017 Assembly Bill 748, thereby declaring a number of employment issues to be matters of statewide concern and therefore beyond the scope of...more

Will "Best Interest" Preempt Fiduciary Duties?

by Allen Matkins on

Last month, the Securities and Exchange Commission proposed to established a standard of conduct for broker-dealers when making a recommendation of any securities transaction or investment strategy involving securities to a...more

Food & Beverage Litigation Update | May 2018

USDA Releases Proposed Bioengineered Ingredients Standard - The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard,...more

New Jersey Paid Sick Leave Bill Signed Into Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law a bill that requires New Jersey employers to provide their employees with paid sick leave. Once enacted, New Jersey will join nine other states and the District...more

Beltway Buzz - May, 2018

Labor Secretary’s Year in Review. Secretary of Labor Alex Acosta was sworn in approximately one year ago this week (on April 28, 2017). Now that he has survived one year as secretary of labor, the Buzz thinks it is an...more

When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues...

by Miller Starr Regalia on

On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of the Eel River, U.S. Supreme Ct. Case No. 17-915, which presented this issue: ...more

National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing

National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing - In 2016 Congress passed an amendment to the Agricultural Marketing Act of 1946 to establish a national...more

Constitution Pipeline Company - Clean Water Act Section 401 Saga

On April 30, 2018, the U.S. Supreme Court denied certiorari in the Constitution Pipeline Company case relating to stream crossings by gas pipelines....more

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Cybersecurity

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