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Preemption Appeals

Sheppard Mullin Richter & Hampton LLP

No Credit Where It Isn’t Due: The Importance of Preemption and Inventorship in Patent Law

Mr. Storms, an individual with significant experience with Bitcoin mining, is the founder and sole employee of BearBox LLC. Mr. McNamara and Dr. Cline co-founded Lancium in November 2017 with the intention of co-locating...more

Foley & Lardner LLP

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

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On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

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On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

McDermott Will & Emery

No Supremacy Clause Preemption Where State Statute Doesn’t Conflict With Federal

The US Court of Appeals for the Fifth Circuit explained that ordinarily, when state law contradicts with federal law, the state law may be preempted by the federal law under the US Constitution’s Supremacy Clause. However,...more

Offit Kurman

Virginia Court of Appeals Clarifies Impact of the CARES Act on Eviction Actions

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In a recent decision, the Virginia Court of Appeals clarified the impact of the CARES Act on Virginia eviction proceedings. The ruling is significant for Virginia landlords, property managers, and tenants, particularly those...more

McDermott Will & Emery

PBMs Score a Win in Federal Court Against State Regulation

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A recent federal court decision has the potential to tip the balance in an ongoing series of skirmishes over state regulation of pharmacy benefit managers (PBMs). In McKee Foods Corp. v. BFP Inc. d/b/a/ Thrifty Med Plus...more

Brownstein Hyatt Farber Schreck

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative...more

K&L Gates LLP

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

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Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more

Foley Hoag LLP

Product Liability Update - April 2025

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

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New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Marshall Dennehey

Ohio Law Does Not Conflict with the Individuals with Disabilities in Education Act

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The Ohio Department of Education and Workforce (DEW) oversees Ohio’s implementation of the Individuals with Disabilities in Education Act (IDEA), a federal law that entitles children with disabilities to a free appropriate...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

McGuireWoods LLP

State Court Rejection of Federal Preemption in Product Liability Claim Highlights Uncertainty for Manufacturers

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On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more

Perkins Coie

California Court of Appeal Casts Doubt on Legality of Municipality’s Voter ID Law

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Earlier this month, a California appellate court issued an order in People v. Huntington Beach indicating that California’s intermediate appellate court will hold that there is a limit on the power of localities to manage...more

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

Supreme Court Says Alabama’s Exhaustion of State Processes Rule Unlawfully Blocked Due Process Claims

On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more

Cozen O'Connor

Fuel Efficiency Rule Recharged by Democratic AG Support

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A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting...more

Moore & Van Allen PLLC

Developments in National Bank Act (NBA) Preemption: Illinois’ Interchange Fee Prohibition Act is Held Preempted by the NBA; Ninth...

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For followers of developments related to National Bank Act (NBA) preemption and the United States Supreme Court’s related decision in Cantero v. Bank of America, N.A., 602 U.S. 205 (2024), the waning days of 2024 proved...more

Troutman Pepper Locke

Federal Appeals Court Deals Another Blow to Intoxicating Hemp Products in Virginia

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On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Vicente LLP

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

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On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for...more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

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The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

Ervin Cohen & Jessup LLP

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

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In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Snell & Wilmer

Property Owned by Non-Indians and Located on Tribal Land Is Subject to Property Tax

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Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership...more

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