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3 Aug 2019, 9:35 am by Eric Goldman
Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. [read post]
19 Dec 2023, 2:44 am by Orin S. Kerr
United States that you need to know to answer whether federal law clearly preempts the new state Texas immigration enforcement bill. [read post]
13 Sep 2023, 10:54 am by Matthew L.M. Fletcher
Here is Bizindan Miinawa (Listen Again), available on SSRN and prepared for the Tribal Law Journal’s symposium on Johnson v. [read post]
9 Jun 2014, 12:11 pm by Jaclyn Belczyk
Waldburger [SCOTUSblog backgrounder] that the discovery rule set forth in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) [text] does not preempt a state's law limiting the time to seek remedies. [read post]
2 Mar 2017, 7:12 am by Steven Wildberger
Nevils [SCOTUSblog backgrounder], a case that required the court to decide whether an insurer, guaranteed a right of subrogation through a Federal Employees Health Benefits Act (FEHBA) policy, actually has such a right when it is in contravention of the law of the state in which it seeks recovery. [read post]
23 May 2023, 9:12 am by Cathy Moran, Esq.
Bankruptcy law trumps that limitation, says the 9th Circuit in Barclay v. [read post]
8 Aug 2016, 8:44 am by Ryan Dolby-Stevens, Olswang
The Supreme Court has recently granted him permission to appeal the Court of Appeal’s decision in the related case of R (Bancoult (No 3)) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 708. [read post]
1 Jul 2010, 6:28 am by Andrew Frisch
” Filed under: Preemption, State Law Claims Tagged: Common Law, Common Law Claims, Eighth Circuit, Exclusive Remedy, Fair Labor Standards Act, FLSA, Non-FLSA Claims, Overtime Law, Preemption, Wage and Hour Laws [read post]
23 Jan 2014, 11:47 am by DMLP Staff
§ 371; and retaliation against a federal law enforcement officer under 18 U.S.C. [read post]
25 Sep 2007, 12:05 pm
Kent, which involves a Michigan state law, will have broad national implications.In a word, yes.The Michigan law involved in Kent essentially bars product liability claims against manufacturers of prescription drugs -- unless a manufacturer defrauded the FDA. [read post]
16 Dec 2008, 4:14 pm
Good that the federal cigarette labeling statute does not preempt claims that tobacco companies violated state consumer protection laws in their marketing of light cigarettes. [read post]
22 Dec 2020, 1:37 pm by Katherine E. Dullea
In a landmark decision published last week, Massachusetts Coalition for the Homeless v. [read post]
20 Oct 2011, 6:32 am
In Brough v Law [2011] EWCA Civ 1183, decided today, the Court of Appeal considered the effect of the parents' reconciliation upon a child maintenance assessment, with reference to the provisions of the Child Support Act 1991 as operative in 1999.The Facts: The parents were married, and had a son, born in 1996. [read post]
2 Jul 2007, 7:25 am
The WSJ has an article on a Maine law placing restrictions on stores larger than 75,000 square feet:Maine Gov. [read post]
1 Sep 2017, 7:19 am by Daily Record Staff
Robbins was thereafter charged with second-degree assault of a law enforcement officer, second-degree assault, resisting arrest, and ... [read post]
11 May 2016, 7:13 am by Daily Record Staff
Criminal law — Sufficiency of the evidence — Openly carrying weapon with intent to injure Following a jury trial in the Circuit Court for Baltimore City, Jacquelin Underwood, appellant, was convicted of openly carrying a dangerous weapon with the intent to injure, failing to obey a lawful order, and disorderly conduct. [read post]