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Preemption Contracts Clause

Proskauer Rose LLP

No Temporary Relief for NYC Hotels from Severance Law

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As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Cars and Chickens

This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. ...more

Robinson+Cole Data Privacy + Security Insider

Automotive Data Company Loses Fight for an Injunction Against New Consumer Privacy Statute

Automotive data and software company CDK Global LLC (CDK),  filed suit in 2019 against the Arizona Attorney General in the U.S. District Court for the District of Arizona seeking an injunction against a new law from taking...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

Holland & Knight LLP on

"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Eversheds Sutherland (US) LLP

Legislating for LIBOR’s cessation

On April 6, 2021, New York Governor Andrew Cuomo signed into law the New York State Legislature’s Senate Bill 297B/Assembly Bill 164B (the New York LIBOR Legislation), strengthening the groundwork for the forthcoming...more

Troutman Pepper

Oregon Banks and Trade Association File Declaratory Action Requesting Relief from State Legislation Alleged to be Retroactively...

Troutman Pepper on

On August 13, 2020, the Oregon Bankers Association (“OBA”) and three Oregon-chartered banks filed a Complaint for declaratory and injunctive relief against the State of Oregon, Oregon’s Attorney General, and the Director of...more

Seyfarth Shaw LLP

Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law

Seyfarth Shaw LLP on

On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

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

Flow Control/Solid Waste: Federal Appellate Court Addresses Constitutional Challenge

The Tenth Circuit Court of Appeals (“Court”) addressed in a May 14th opinion a constitutional challenge to a Wyoming City’s flow control ordinance. See Dirty Boyz Sanitation Serv. Inc., v. City of Rawlins, Wyoming, No....more

Mintz - Public Finance Viewpoints

Three Strikes and Recovery Act is Out

Today’s U.S. Supreme Court decision in Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust puts an end to one of Puerto Rico’s multi-pronged efforts to deleverage itself. Given the comprehensiveness of the...more

Ballard Spahr LLP

Nevada Amends Law Regarding Deficiency Judgment Calculation

Ballard Spahr LLP on

By amending a statute that limits deficiency judgment amounts in certain cases, Nevada lawmakers have attempted to restore balance as the law applies to commercial properties. The amendments follow a recent wave of litigation...more

Orrick, Herrington & Sutcliffe LLP

Puerto Rico Debt Recovery Act Ruled Unconstitutional1

On Friday February 6, the Puerto Rico Federal District Court ruled the Debt Enforcement and Recovery Act (the “Recovery Act”) unconstitutional. Franklin Calif. Tax-Free Trust, et al. v. Comm. Of Puerto Rico et al., (D.P.R.,...more

Stinson LLP

Minnesota Supreme Court Recognizes New Private Right Of Action Against Residential Mortgage Loan Servicers

Stinson LLP on

On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with...more

Snell & Wilmer

Creditors’ Deficiency Rights Impacted by Recent Nevada Supreme Court Opinion in Sandpointe Apartments, LLC v. Eighth Judicial...

Snell & Wilmer on

On November 14, 2013, in Sandpointe Apartments, LLC v. Eighth Judicial District Court, 129 Nev. Adv. Op. 87 (Nov. 14, 2013), and in Branch Banking and Trust Co. v. Neilson, (Nov. 14, 2013) (unpublished), the Nevada Supreme...more

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

Indiana’s Right-to-Work Statute Survives First Challenge While Court Clarifies Statutory Ambiguities

On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One of those lawsuits,...more

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