Entertainment Law Update Episode 160 – August/September 2023
PODCAST: Williams Mullen's Trending Now - An IP Podcast: NIL – New NCAA Guidelines and State Law Implementation
AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?
Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision...more
The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more
On August 17, 2023, in the consolidated Illinois Zantac/ranitidine proceedings, Cook County judge Daniel Trevino granted motions to dismiss all claims against generic ranitidine manufacturers, with prejudice. Representing...more
On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more
In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more
In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more
On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more
Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more
The Supreme Court delivered welcome news yesterday to employers seeking to sue and recover economic damages from labor unions, ruling that federal labor law does not prevent them from filing state law claims for intentional...more
Freight brokers are often sued for negligence when there is cargo damage or personal injury involving a motor carrier hired by the broker. Personal injury claims in particular can involve damages in the tens and hundreds of...more
On Monday, April 17, 2023, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) decided California Restaurant Association v. City of Berkeley, which ruled that the Energy Policy and Conservation Act...more
Sticks and stones may break your bones, but don’t complain to the Court of Appeals for the Federal Circuit (“CAFC”) if a patentee calls you an infringer, claims you copied, or threatens to sue your customers. Holding speech...more
The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more
In this episode, AGG partner and co-chair of the firm’s Background Screening industry team, Henry R. Chalmers, provides insights on the FCRA’s preemption of state laws and why this is relevant to your business and legal...more
On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more
Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more
In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more
A Pennsylvania federal district court recently held that Regulation J did not completely preempt state law claims related to a wire transfer, and thus did not fall under the “complete preemption” exception to the...more
In Halperin v. Richards, the U.S. Court of Appeals for the Seventh Circuit considered whether the Employee Retirement Income Security Act of 1974 (ERISA) preempted certain state-law corporate liability claims against officers...more
On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more
In the past four years, state attorneys general or municipalities have brought 21 lawsuits based on state-law claims (e.g., nuisance, trespass, consumer fraud) seeking to hold fossil fuel companies liable for costs allegedly...more
Whether a one-time payment of benefits constitutes an employee benefit plan under ERISA has been the source of some consternation in the courts for many years. The Fifth Circuit, in Atkins v. CB&I, LLC, recently had occasion...more
What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more
This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law...more
In a unanimous (8-0) opinion authored by Justice Sotomayor, the U.S. Supreme Court held that an Arkansas state law regulating rates at which pharmacy benefits managers (PBMs) reimburse pharmacies is not preempted by ERISA. ...more