Consumer Finance Monitor Podcast Episode: The Cantero Opinion: The Supreme Court Leaves National Bank Preemption in Limbo
In That Case: Cantero v. Bank of America
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Consumer Finance Monitor Podcast Episode: The U.S. Supreme Court’s Pending Ruling on National Bank Preemption: A Discussion of Cantero v. Bank of America, N.A.
U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws
State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast
Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for Bank and Nonbank Consumer Financial Services Providers
The Presumption of Innocence Podcast: Episode 24 - Special Edition: Spotlight on the Association of Criminal Defense Lawyers of New Jersey
Law School Toolbox Podcast Episode 386: Listen and Learn -- Federal and State Powers (Con Law)
[Podcast] Cellular Agriculture and the Evolving Legal/Regulatory Landscape: A Conversation with Ahmed Khan
Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
Bar Exam Toolbox Podcast Episode 162: Listen and Learn -- Federal and State Powers (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Case In Point: Recent Developments in Employment Law
Employment Law Now V-96- LOTS of Big Employment Law Developments
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
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
The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent...more
The legality and regulation of Short Term Rentals, which in some municipalities are defined as “guest house” or “transient guest facility” uses (“STRs”), has, with the explosion in popularity and use of hosting platform...more
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
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
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
Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more
The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our...more
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
On February 8, 2022, a federal district court in California issued two opinions, granting summary judgment to the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) and...more
In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more
For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more
On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more
On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental...more
On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more
A Colorado state district court has ruled that a non-bank assignee of loans made by a state bank cannot charge the same interest rate that the state bank assignor can charge under Section 27(a) of the Federal Deposit...more
An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his...more
I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more
Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court...more
Nevada Revised Statutes section 597.995 requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that...more
On September 12, 2019, the United States Court of Appeals for the Third Circuit reversed the dismissal of state law securities actions by individual investors who elected to opt out of a related class action against a...more
A seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit Judges — Amul Thapar and...more
The Supremacy Clause of the United States Constitution declares federal law to be the “supreme Law of the Land.” Thus, when federal law and state law conflict, the state law is “preempted,” or rendered without effect. Under...more
On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more
Sachse Constr. & Dev. Corp. v. Affirmed Drywall, Corp., 2018 Fla App. Lexis 9998 (July 18, 2018) - Sachse Construction, a Michigan-based general contractor, entered into a subcontract (the “Subcontract”) with Affirmed...more