Topic
Preemption
1,722 published works
Wage & Hour - Developments & Highlights
LMRA Preemption Defense Works Yet Again: Defense Counsel Should Always Look for It!
Employers should always look for a preemption defense when a FLSA suit is lodged against a unionized client. Clear proof of that was just given by the Ninth Circuit…
TortsProf Blog
Swan on Preempting Plaintiff Cities
Sarah Swan has posted to SSRN Preempting Plaintiff Cities. The abstract provides:Within the city-state relationship, states hold an enormous amount of power. Recently, states have been using that power to pass…
Drug & Device Law
Ninth Circuit Affirms Federal Preemption Over Dietary Supplement Claims
We have taken a daily multivitamin ever since our doctor told us that we were chronically deficient in a particular vitamin, the one you can get from being out in…
Credit Chronometer
When An Act Is Not A Disclosure, States Win the Preemption Battle
Like Ali v. Frazier II and III, it’s not much of a rivalry if one side keeps winning the decision. The battle began when the Department of Education fired a…
Proskauer on Advertising Law
No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal of Almond Milk Labeling Suit
By Lawrence Weinstein, Jeffrey Warshafsky, Anisha Shenai-Khatkhate
On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term “almond…
Workers’ Compensation Law Prof Blog
Empty Preemption of Workers’ Compensation: Parallels Between the Hanford Nuclear Facility and Air Ambulance Disputes
I am interested in conflicts between federal and state law in the context of workers’ compensation. And I am especially interested in a phenomenon I have called “empty preemption”: when…
Drug & Device Law
New Jersey Finds Preemption in Breast Implant Litigation
While 2019 is solidly under way, we’re still catching up on a sizable number of favorable decisions to have come down right before the new year. That’s certainly not a…
Workers’ Compensation Law Prof Blog
Additional Commentary on the Wyoming Air Ambulance Workers’ Compensation Bill
Sometimes lost in Wyoming air ambulance discussion is the realization that Wyoming possesses a monopolistic workers’ compensation system. Accordingly, when an air ambulance company may charge what it likes, given…
Legal Flight Deck
New Sikkelee decision from the U.S. Court of Appeals for the Third Circuit – state law claims against type certificate holders are not conflict preempted
By Oliver Beiersdorf, Catherine Kiernan
In a very significant, closely watched aviation product liability preemption case in the U.S. Court of Appeals for the Third Circuit, Sikkelee v. Precision Airmotive Corp., et al., No. 17-3006,…
Drug & Device Law
Breaking News – Arizona Supreme Court Repudiates Stengel
By Bexis
We’ve always hated the Ninth Circuit’s decision in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013) (applying Arizona law), holding that allegations of failure to provide adverse event…