News & Analysis as of

State Law Claims

Jackson Lewis P.C.

Third Circuit Ruling Makes It Easier for Employers to Settle Hybrid Wage and Hour Actions

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Issuing a landmark decision in a case of first impression, the U.S. Court of Appeals for the Third Circuit has clarified the relationship between federal claims brought under the Fair Labor Standards Act (FLSA) and state law...more

Freeman Mathis & Gary

Mental health warning signs at work: Can employers still rely on workers’ comp exclusivity?

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Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the...more

Sheppard Mullin Richter & Hampton LLP

West Virginia Federal Court Certifies Class Action Challenging “Pay-to-Pay” Fees

On November 3, the U.S. District Court for the Northern District of West Virginia granted class certification certified a statewide class of borrowers challenging a credit union’s alleged assessment of unauthorized...more

Constangy, Brooks, Smith & Prophete, LLP

Good news for employers regarding settlement of FLSA, state class claims

A decision issued recently by the U.S. Court of Appeals for the Third Circuit contains what might be good news for employers who are facing “hybrid” litigation involving collective actions under the Fair Labor Standards Act...more

A&O Shearman

Southern District of Indiana Grants Motion to Dismiss Sherman Act Claims in Pet-Retail Antitrust Case

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On October 7, 2025, Judge James Patrick Hanlon of the United States District Court for the Southern District of Indiana granted in part and denied in part a brand name manufacturer of topical flea-and-tick products’ (the...more

Offit Kurman

From Cameo to Courtroom: George Santos’ Copyright Claims Fall Flat

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Despite the best efforts of the government, George Santos refuses to leave the public eye – for now, at least. On September 15, 2025, the Second Circuit affirmed the dismissal of former Congressman George Santos' copyright...more

Foley & Lardner LLP

FDCA: Fifth Circuit End-run Suggests State Law Private Right of Action

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Life sciences companies aggrieved by competitor activity believed to be in violation of the Federal, Food, Drug, and Cosmetic Act (FDCA) have been consistently unsuccessful in challenging these activities in court – this...more

Chartwell Law

Broker Liability and the Federal Aviation Administration Authorization Act

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A new Illinois appellate case, Kaipust v. Echo Global Logistics, Inc., 2025 IL App (1st) 240530-U, has analyzed whether Illinois state law tort claims against freight brokers can proceed or whether they are pre-empted by...more

Gray Reed

Louisiana Oilfield Anti-Indemnity Act Nullifies Offshore Indemnity Obligation

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You would think that a Master Service Contract concerning boats and oilfield operations in the Gulf of Mexico would be governed by federal maritime law. In some situations you would be mistaken, says Offshore Oil Services,...more

Klein Moynihan Turco LLP

Skechers Facing Significant Email Litigation Exposure

Skechers U.S.A., Inc. (“Skechers”) was recently sued in Washington for alleged violation of its state email marketing law. As part of its defense in the email litigation proceeding, Skechers removed the case from state court...more

Robinson Bradshaw

Carolinas Divided: Variations in State Law Defeat Predominance

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A recent North Carolina Supreme Court decision, Jackson v. Home Depot U.S.A., Inc., 919 S.E.2d 199 (N.C. 2025), highlights the importance of choice of law issues underlying putative class actions....more

Kelley Drye & Warren LLP

Plaintiffs Claim Sketchers Emails Create False Sense of Urgency

In April, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court...more

ArentFox Schiff

Insurance Broker List Not Protected as Trade Secret After Employee’s Unrestricted Sharing

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The plaintiff, John Snyder, worked for a life insurance company from December 2006 to August 2016....more

Loeb & Loeb LLP

Santos v. Kimmel

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Second Circuit affirms dismissal of copyright infringement and state-law claims brought by former Congressman George Santos against Jimmy Kimmel and others for broadcast of Cameo videos created by Santos. ...more

Ward and Smith, P.A.

The Voice Behind the Brand: Who Owns What You Hear?

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Podcasting has created commercial and creative opportunities for individuals to capitalize on their distinctive voices. From journalists and comedians to thought leaders and content creators, podcasting has allowed...more

Vedder Price

Colorado Supreme Court Shortens the Statute of Limitations for Colorado Minimum Wage Act Claims  

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On September 15, 2025, the Colorado Supreme Court issued a highly anticipated ruling in By the Rockies v. Perez, clarifying that the statute of limitations for claims under the state’s Minimum Wage Act is two years, or three...more

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

Minnesota Provides Guidance on 2026 Meal and Work Break Amendments

The January 1, 2026, changes to Minnesota’s meal and rest break laws require employers to provide fifteen-minute breaks and a thirty-minute meal break depending on hours worked. However, the vague amendments left more...more

Parker Poe Adams & Bernstein LLP

Protecting Privacy: NC Court Reaffirms Privacy Obligations for All Health Care Entities in North Carolina

The North Carolina Business Court reaffirmed this spring an earlier decision holding that health care entities in North Carolina have a common law duty to protect patient information independent of requirements under the...more

Lathrop GPM

Maryland Federal Court Grants in Part Franchisor’s Motion to Compel Arbitration and Stays Franchisee’s Maryland Franchise Law...

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A federal court in Maryland recently granted, in part, a franchisor’s motion to compel arbitration in a dispute alleging fraud, negligent misrepresentation, violation of Maryland’s franchise law and consumer protection act,...more

Husch Blackwell LLP

Wisconsin Supreme Court to Hear NBA Preemption Case

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The Wisconsin Supreme Court recently granted a petition for review of a Wisconsin Court of Appeals decision holding that the National Bank Act (NBA) does not preempt the Wisconsin Consumer Act’s notice of default and...more

Orrick, Herrington & Sutcliffe LLP

Third Circuit affirms district court, finding no sovereign immunity applies to a tribally owned lender

On August 4, the U.S. Court of Appeals for the Third Circuit affirmed that an online consumer lending company owned by an federally recognized Indian tribe was not an extension of the tribe’s government and therefore did not...more

Parker Poe Adams & Bernstein LLP

At-Will Employment Doctrine Blocks Suit by Employee Alleging Positive Drug Test Resulted From CBD Use

With the explosion of legal hemp products across the U.S., employers are increasingly faced with employees who claim that a positive test for marijuana resulted from use of legal CBD products. ...more

Potomac Law Group, PLLC

Texas “Mini-TCPA” Now Covers Marketing Text Messages - New Obligations Effective September 1, 2025

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) will enact several significant changes to the state’s telemarketing laws (Business and Commercial Code, Chapters 301-305 (TX Mini-TCPA)) that, collectively, increase...more

Jackson Lewis P.C.

Massachusetts Moves to Protect Colleges and Healthcare Nonprofits from Wage Act Lawsuits

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On June 30, 2025, Massachusetts Governor Maura Healey gave partial approval to the Fiscal Year 2026 budget, which included a new provision that offers certain higher education institutions and nonprofit healthcare...more

Womble Bond Dickinson

Ninth Circuit Clarifies DTSA’s Trade Secret Identification Requirements

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In an August 12, 2025 decision, the Ninth Circuit emphasized important differences between the federal Defend Trade Secrets Act (“DTSA”) and the California Uniform Trade Secrets Act (“CUTSA”)—differences which might...more

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