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27 Sep 2007, 11:38 am
Mar. 5, 2007) (fraud claim "construed" as fraud on the FDA preempted). [read post]
15 Apr 2011, 6:02 am by Bexis
  We, of course think that's wrong under Erie - where the default should be, if a form of liability hasn't been recognized by a state court, then it should be dismissed by a federal court applying that state's law in a diversity action.ConnecticutIn Gerrity v. [read post]
3 Mar 2016, 9:18 am
Vohrer, In re Chagos Marine Protected Area (Mauritius v. [read post]
21 Jul 2008, 3:02 pm
Del., Mar. 19,  2008) (click here to read the decision), the court ruled that the assignment of rights in certain insurance policies to an asbestos trust was valid and enforceable under the Bankruptcy Code, and anti-assignment provisions in the policies and applicable state law were preempted.The issue under consideration by the court was related to, but bifurcated from, the plan confirmation process. [read post]