News & Analysis as of

Preemption › Exhaustion Doctrine

Harris Beach PLLC

Doe v. Merck: Vaccine Autism Lawsuit Dismissed as Baseless

Harris Beach PLLC on

The claim that the MMR vaccine caused autism was meritless on its face, held the U.S.D.C., Eastern District of New York (Doe v. Merck & Co, Inc.). The action filed on behalf of “Baby Doe” stemmed from Merck-manufactured...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Snell & Wilmer

The Ninth Circuit Reiterates State Law Applies to Non-Preempted Claims under the Labor Management Relations Act

Snell & Wilmer on

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management...more

King & Spalding

California Court Rules Medicare Does Not Preempt Hospital Claims Against Payer

King & Spalding on

On April 27, 2016, a California state court judge in a Complex Litigation department for the County of Los Angeles, ruled in favor of 13 of our hospital clients on an important matter involving substantive and financial...more

Seyfarth Shaw LLP

Judge Garland’s ERISA Jurisprudence Reflects His Methodical and Moderate Reputation

Seyfarth Shaw LLP on

With President Obama’s recent nomination of Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit to the U.S. Supreme Court, we thought our loyal readers would be interested to learn a little about Judge...more

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